Mortgage Forgery RICO

Case: 3:1 0-cv-00748-wmc Document#: 6 Filed: 12/06/10 of 4

Wendy Alison Nora, Plaintiff

v.

BEFORE THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

Case No. 10-cv-748

SUMMONS

RESIDENTIAL FUNDING COMPANY, LLC, a Delaware limited liability company and wholly owned subsidiary ofGMAC-RFC HOLDING COMPANY, LLC, a Delaware limited liability company RFC TRUST 03 Loan Pool Number RASC2002KSSCONF is a pool of investment securities

managed by RESIDENTIAL FUNDING COMPANY, LLC, GMAC-RFC HOLDING COMPANY, LLC, a Delaware limited liability company and wholly

owned subsidiary ofRESIDENTIAL CAPITAL, LLC, a Delaware limited liability company,

RESIDENTIAL CAPITAL, LLC, a Delaware limited liability company, owned by GMAC MORTGAGE GROUP, LLC, a Delaware limited liability company which holds 99% interest and RESCAP INVESTMENTS, LLC, a Delaware limited liability company holds 1% interest

GMAC MORTGAGE, LLC, is a Delaware limited liability company and is a wholly owned subsidiary of ALLY FINANCIAL, INC., Delaware corporation,

HOMECOMINGS FINANCIAL, LLC is a Delaware limited liability company and is a wholly owned subsidiary ofGMAC MORTGAGE GROUP, LLC, a Delaware corporation, the loan servicing duties of which were absorbed by GMAC MORTGAGE, LLC in 2009,

GMAC MORTGAGE GROUP, LLC (hereinafter "GMAC GROUP") is a Delaware corporation and is wholly owned subsidiary of ALLY FINANCIAL, INC., a Delaware corporation.

ALLY FINANCIAL, INC. is a Delaware corporation, GMAC FINANCIAL SERVICES, a private equities group in partnership with CEREBUS

CAPITAL MANAGEMENT, LP, a private equities group, from which ALLY FINANCIAL, INC. was created using U.S. Treasury TARP funds,

CEREBUS CAPITAL MANAGEMENT, LP, a private equities group, in partnership with GMAC FINANCIAL SERVICES, a private equities group,

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation AEGIS MORTGAGE CORPORATION, a Delaware Corporation, in Chapter 11 Reorganization

Proceedings in the United States Bankruptcy Court for the District of Delaware Case No. 07-11119-BLS by Notice of Claim only

GRAY & ASSOCIATES, LLP, a Wisconsin professional limited liability association, JAY PITNER, a member ofGRA Y & ASSOCIATES, LLP, MICHAEL RILEY, a member or associate of GRAY & ASSOCIATES, LLP, WILLIAM N. FOSHAG, an associate with GRAY & ASSOCIATES, LLP, BASS & MOGLOWSKY, S.C., a Wisconsin professional corporation,

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Case: 3:10-cv-00748-wmc Document#: 6 Filed: 12/06/10 of 4

ARTHUR MOGLOWSKY, a shareholder of BASS & MOGLOWKSY, S.C., DAVID M. POTTEIGER, an associate with BASS & MOGLOWSKY, S.C., PENNY M. GENTGES, a shareholder of BASS & MOGLOWKY, S.C., JEFFREY STEPHAN, an employee ofGMAC MORTGAGE, LLC, KENNETH URGWUADU, a former employee ofGMAC MORTGAGE, LLC, MANISH VERMA, an employee ofGMAC MORT AGE, LLC, AMY NELSON, a former employee of RESIDENTIAL FUNDING COMPANY, LLC and YET UNNAMED CO-CONSPIRATORS,

Defendants

SUMMONS

TO: RESIDENTIAL FUNDING COMPANY, LLC c/o Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

RFC TRUST 03 Loan Pool Number RASC2002KSSCONF c/o Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808 and at One Meridian Crossing, Suite 100, Minneapolis, Minnesota 55423.

GMAC-RFC HOLDING COMPANY, LLC c/o Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

RESIDENTIAL CAPITAL, LLC c/o Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

GMAC MORTGAGE, LLC, (hereinafter "GMAC") c/o Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

HOMECOMINGS FINANCIAL, LLC c/o Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

GMAC MORTGAGE GROUP, LLC c/o Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

ALLY FINANCIAL, INC. c/o Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

GMAC FINANCIAL SERVICES to Michael A. Carpenter, its CEO, by personal or substituted service at Ally Financial, Inc. 200 Renaissance Center, Detroit, Michigan 48226.

CEREBUS CAPITAL MANAGMENT, LP to Stephen A. Feinberg, its CEO at Cerebus Capital Management, LP offices located at 299 Park Ave., New York, New York 10171.

Case: 3:1 0-cv-007 48-wmc Document #: 6 Filed: 12/06/1 0 of 4

AEGIS MORTGAGE CORPORATION (hereinafter "AEGIS") by Notice of Claim in Chapter 11 Reorganization Proceedings in the United States Bankruptcy Court for the District of Delaware Case No. 07-11119-BLS

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Prentice-Hall Corporation System Inc., 2711 Centerville Road, Suite 400, Wilmington Delware 19808 for its 1995 entity and c/o Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19808 for its 1999 entity.

GRAY & ASSOCIATES, LLP, c/o Duncan Delhey, personally or by substituted service, at 16345 W. Glendale Drive, New Berlin, Wisconsin 53151.

JAY PITNER, personally or by substitution of service at 16345 W. Glendale Drive, New Berlin, Wisconsin 53151.

JEFFREY STEPHAN personally or by substitution of service at GMAC Mortgage, 1100 Virginia Drive, Fort Washington, Pennsylvania or at his home address is 42 Lenape Drive, Sellersville, Pennsylvania 18960

KENNETH URGWUADU, personally or by substitution of service at 1730 Ferndale Ave., Fl-1, Abington, Pennsylvania 19001.

MICHAEL RILEY, personally or by substitution of service at 16345 W. Glendale Drive, New Berlin, Wisconsin 53151.

WILLIAM N. FOSHAG personally or by substitution of service at 16345 W. Glendale Drive, New Berlin, Wisconsin 53151.

BASS & MOGLOWSKY, S.C. upon Steven W. Moglowsky, personally or by substitution of service at 501 West Northshore Drive Suite 300, Milwaukee, Wisconsin 53217

AMY NELSON, personally or by substitution of service at HOME SAVINGS AMERICA: MINNESOTA at 35 East Broadway in Little Falls, Minnesota 56345 or at her home address when located

PENNY M. GENTGES personally or by substitution of service, at 501 West Northshore Drive Suite 300, Milwaukee, Wisconsin 53217

MANISH VERMA (hereinafter "VERMA") personally or by substitution of service at GMAC Mortgage, 1100 Virginia Drive, Fort Washington, Pennsylvania or at his home address at 42 Lenape Drive, Sellersville, Pennsylvania 18960

UNNAMED CO-CONSPIRATORS who may be subsequently joined as their identities are uncovered through discovery in accordance with the Federal Rules of Civil Procedure

Case: 3:1 0-cv-007 48-wmc Document #: 6 Filed: 12/06/1 0 of 4

A lawsuit has been filed against you.

Within 21 days after after service of this summons on your (not counted the day you received it) or 60 days if you are the United States or United States agency, or officer or employee ofthe United States described in Fed. R. Civ. P. 12(a)(2) or (3)-you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are:

Wendy Alison Nora 4575 W. 801

h Street Circle, #141 Minneapolis, Minnesota 55437

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You must file your answer or motion with the c.~~ft~~;-.~;,(;.,;:;,:;-;c

~<~·~~\~-;:, .- . ,,--~-:~~~~:~---, CLERK OF COURP~0,. · · ''.f"\

;J/ ::' \;;\:.~~: 1'· I . · ..

s/ A. Wisemar{(.\ D~ptitJfJ~ig;i~ej;k h;J Signature of Clerk':gt;Ptppt)~ @h·k \· {f,/

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Date: 12/6/2010

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Case: 3:10-cv-00748-wmc Document#: 4 Filed: 11/30/10 Page 1 of 18

Wendy Alison Nora, Plaintiff v.

BEFORE THE UNITED STATES DISTRlCT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

Case No. 10-cv-748 COMPLAINT

JURY TRIAL DEMANDED RESIDENTIAL FUNDING COMPANY, LLC, a Delaware limited liability company and wholly

owned subsidiary ofGMAC-RFC HOLDING COMPANY, LLC, a Delaware limited liability company

RFC TRUST 03 Loan Pool Number RASC2002KSSCONF is a pool of investment securities managed by RESIDENTIAL FUNDING COMPANY, LLC,

GMAC-RFC HOLDING COMPANY, LLC, a Delaware limited liability company and wholly owned subsidiary of RESIDENTIAL CAPITAL, LLC, a Delaware limited liability company,

RESIDENTIAL CAPITAL, LLC, a Delaware limited liability company, owned by GMAC MORTGAGE GROUP, LLC, a Delaware limited liability company which holds 99% interest and RES CAP INVESTMENTS, LLC, a Delaware limited liability company holds 1% interest






CEREBUS CAPITAL MANAGEMENT, LP, a private equities group, in partnership with GMAC FINANCIAL SERVICES, a private equities group,


Proceedings in the United States Bankruptcy Court for the District of Delaware Case No. 07-11119-BLS by Notice of Claim only

ORA Y & ASSOCIATES, LLP, a Wisconsin professional limited liability association, JAY PITNER, a member ofGRA Y & ASSOCIATES, LLP, MICHAEL RlLEY, a member or associate of ORA Y & ASSOCIATES, LLP, WILLIAM N. FOSHAG, an associate with GRAY & ASSOCIATES, LLP, BASS & MOGLOWSKY, S.C., a Wisconsin professional corporation, ARTHUR MOGLOWSKY, a shareholder of BASS & MOGLOWKSY, S.C., DAVID M. POTTEIGER, an associate with BASS & MOGLOWSKY, S.C.,

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Case: 3:1 0-cv-007 48-wmc Document #: 4 Filed: 11/30/1 0 Page 2 of 18

PENNY M. GENTGES, a shareholder of BASS & MOGLOWKY, S.C., JEFFREY STEPHAN, an employee ofGMAC MORTGAGE, LLC, KENNETH URGWUADU, a former employee ofGMAC MORTGAGE, LLC, MANISH VERMA, an employee ofGMAC MORT AGE, LLC, AMY NELSON, a former employee ofRESIDENTIAL FUNDING COMPANY, LLC and YET UNNAMED CO-CONSPIRATORS,

Defendants

COMPLAINT FOR VIOLATIONS OF THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT AND VIOLATIONS OF THE FAIR

DEBT COLLECTION PRACTICES ACT (JURY TRIAL DEMANDED)

NOW COMES the Plaintiff, and for her Complaint against the Defendants above-named and yet to be discovered, and shows the Court.

1. This Court has jurisdiction under 28 U.S.C. sec. 1331 because the Plaintiffs claims arise under the laws of the United States of America.

2. This Court's venue is proper under 28 U.S. C. sec. 1391(a)(2) because the acts giving rise to the claims asserted herein were taken against Plaintiff in the course of litigation based upon false documents in the Dane County Circuit Court in Madison, Wisconsin in order to take her home, which is located in Madison, Dane County, Wisconsin.

3. Plaintiff is one of thousands of victims of violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. sees. 1961-1968) and the Fair Debt Collections Practices Act (15 U.S.C. sec. 1692, et seq.) by the Defendants name above, who have conspired to and engaged in direct action to, without limitation, deceive, defraud, intimidate, harass and deprive her of her Wisconsin home.

4. RESIDENTIAL FUNDING COMPANY, LLC (hereinafter "RFC") is a Delaware limited liability company and wholly owned subsidiary ofGMAC-RFC HOLDING COMPANY, LLC, a Delaware limited liability company. RFC has its primary place of business in the State of Minnesota at One Meridian Crossing, Suite 100, Minneapolis, Minnesota 55423. It uses a post office box located in Bloomington, Minnesota for its interstate fraud operations. Its registered agent for service of process is Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

5. RFC TRUST 03 Loan Pool Number RASC2002KSSCONF (hereinafter "THE TRUST") is a pool of investment securities managed by RESIDENTIAL FUNDING COMPANY, LLC and is joined solely for the purpose of a declaratory judgment as to its interest in Plaintiffs home. The loan pool is managed by RFC and RFC's primary business located is in

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the State of Minnesota. Because RFC manages the THE TRUST, it is will be served at the office of the registered agent for service of process for RFC is Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808 and at One Meridian Crossing, Suite 100, Minneapolis, Minnesota 55423.

6. GMAC-RFC HOLDING COMPANY, LLC, (hereinafter "GMAC-RFC") is a Delaware limited liability company and wholly owned subsidiary of RESIDENTIAL CAPITAL, LLC, a Delaware limited liability company. Its registered agent for service of process is Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

7. RESIDENTIAL CAPITAL, LLC (hereinafter "RESCAP") is a Delaware limited liability company, owned by GMAC MORTGAGE, LLC, a Delaware limited liability company which holds 99% interest and RESCAP INVESTMENTS, LLC, a Delaware limited liability company holds 1% interest. Its registered agent for service of process is Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

8. RESCAP's primary business location is at One Meridian Crossing, Suite 100, Minneapolis, Minnesota and it uses a post office box located in Bloomington, Minnesota for its interstate fraud operation.

9. GMAC MORTGAGE, LLC, (hereinafter "GMAC") is Delaware limited liability company and is a wholly owned subsidiary ofGMAC MORTGAGE GROUP. Its primary business location is at One Meridian Crossing, Suite 100, Minneapolis, Minnesota and it uses a post office box located in Bloomington, Minnesota for its interstate fraud operation. Its registered agent for service of process is Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

10. HOMECOMINGS FINANCIAL, LLC is a Delaware limited liability company and is, upon information and belief, a wholly owned subsidiary ofGMAC MORTGAGE GROUP, LLC, a Delaware corporation, which was absorbed by GMAC MORTGAGE, LLC in 2008 received Plaintiff's payments on her loan and charged her excessive fees and costs, refused her payments, forced her into the first foreclosure by refusing her payments, entered into a bad faith settlement agreement with her, ordered criminal trespass and damage to her home and uses a post office box located in Bloomington, Minnesota for its interstate fraud operation. Its registered agent for service of process is Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

11. GMAC MORTGAGE GROUP, LLC (hereinafter "GMAC GROUP") is a Delaware limited liablity company and is wholly owned subsidiary of ALLY FINANCIAL, INC., a Delaware corporation. It uses a post office box located in Bloomington, Minnesota for its interstate fraud operations. Its registered agent for service of process is Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

12. ALLY FINANCIAL, INC. is a Delaware corporation. It uses a post office box 3


located in Bloomington, Minnesota for its interstate fraud operations. Its registered agent for service of process is Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

13. GMAC FINANCIAL SERVICES (hereinafter "GMAC-FS") is an international private equities group in partnership with CEREBUS CAPITAL MANAGMENT, LP, a private equities group. It has business locations in the U.S., Europe, Asia and the Middle East. Its primary business location for U.S. operations is in New York, New York. Its CEO is Michael A. Carpenter and the Summons and Complaint will be served upon Michael A. Carpenter, by personal or substituted service at Ally Financial, Inc. 200 Renaissance Center, Detroit, Michigan 48226.

14. GMAC-FS defrauded the United States Treasury by claiming to be the financing arm of General Motors but was actually substantially invested in mortgage-backed securities.

15. GMAC-FS adopted the name of ALLY FINANCIAL, INC. in 2010 in order to conceal the fact it continues to operate as a private international equities group after it received Troubled Asset Relief Funds (TARP) to capitalize a bank holding company and create a bank with taxpayer funds as part of the U.S. Treasury-supported General Motors (GM) bankruptcy reorganization.

16. GMAC-FS now purports to be what Congress and the U.S. Treasury thought it was when the TARP funds were provided, to wit, the financing arm for GM's automobiles.

17. In fact, the TARP funds were used to fund the RACKETEERING ENTERPRISE as set forth herein, to wit: the fraudulent foreclosure of hundreds of thousands ofU.S. homes.

18. GMAC-FS is joined herein because it continues to exist, upon information and belief, as a shadow entity to continue to obtain and disburse U.S. Treasury TARP funds and the proceeds of unlawful foreclosures ofU.S. residential properties to its unknown, largely off-shore equity beneficiaries in violation of U.S. securities regulations and prohibitions against money laundering. It is the top of the food chain of the GMAC RACKETEERING ENTERPRISE, with its partner, CEREBUS CAPITAL MANAGEMENT, LP.

19. CEREBUS CAPITAL MANAGMENT, LP (hereinafter "CEREBUS"), is a private equities group, in partnership with GMAC-FS is a private equities group which defrauded the U.S. Treasury with its partner GMAC-FS by claiming own an interest in General Motors but was actually substantially invested in mortgage-backed securities. It has business locations in the U.S., Europe, Asia and the Middle East. Its primary business location for U.S. operations is in New York, New York. Its CEO is Stephen A. Feinberg who will be served with the Summons and Complaint by personal or substituted service on Stephen A. Feinberg at CEREBUS offices located at 299 Park Ave., New York, New York 10171.

20. The interests of CEREBUS [which is named for the mythical Greek three-headed 4


dog that guards the gates to Hades (a/k/a Hell] continues to exist with its equity partner, GMACFS and is joined herein because, upon information and belief, it engaged in the GMAC RACKETEERING ENTERPRISE in order to take U.S. Treasury Funds and the receipts from unlawful foreclosures on U.S. residential property to its unknown off-shore equity beneficiaries. It is the top of the food chain of the GMAC RACKETEERING ENTERPRISE, with its partner, GMAC-FS.

21. The parties identified in paragraphs 4., 5., 6., 7., 8., 9., 10., 11.., 12., 13., 19., 22., 25., 26., 27., 40., 42., 50., 54., 58., 60., 65., 69., 77., and 82., above and below, will be referred to collectively, from time to time, as the GMAC RACKETEERING ENTERPRISE, with which the remaining named and unnamed parties conspired to cause Plaintiffs injuries and damages and to procure hundreds ofthousands of foreclosure titles to U.S. home, with the attendant damages to each family thereby foreclosed.

22. AEGIS MORTGAGE CORPORATION (hereinafter "AEGIS") is a Delaware Corporation which has been in Chapter 11 Reorganization Proceedings in the United States Bankruptcy Court for the District ofDelaware Case No. 07-11119-BLS since August 13, 2007.

23. AEGIS is being served by Creditor Notice of Appearance and Request for Notice and Notice of Claim in the bankruptcy proceedings. AEGIS is protected from this action by the Automatic Stay. Plaintiff would have to move to Lift the Automatic Stay in order to bring AEGIS before this Court. (See attached Exhibit A.)

24. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC (hereinafter "MERS") is a Delaware Corporation which was created for the purpose of defrauding

homeowners (as to the identity of the holders of promissory notes and mortgages), courts (as to the real parties in interest in mortgage foreclosures), and local municipalities (in avoiding recording fees on mortgage assignments in the sum of billions of dollars nationwide) which conspired with the GMAC RACKETEERING ENTERPRISE to defraud Plaintiff, the Wisconsin Courts and the Dane County Register of Deeds. It has registered twice with the Delaware Secretary of State. It will be served upon both of its registered agents for service of process: Prentice-Hall Corporation System Inc., 2711 Centerville Road, Suite 400, Wilmington Delware 19808 for its 1995 entity and Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19808 for its 1999 entity.

25. AEGIS participated in the GMAC RACKETEERING ENTERPRISE to the limited extent of being the "table funder" to provide MERS.with Plaintiffs promissory note and mortgage. MERS was formed for the purposes described at paragraph 24., above.

26. GRAY & ASSOCIATES, LLP, (hereinafter "FORECLOSURE MILL# 1) is a Wisconsin professional limited liability association located in the metropolitan area of Milwaukee, Wisconsin and engages in a type of practice of law which has become known in commercial parlance as a foreclosure mill. GRAY & ASSOCIATES, LLP will, from time to

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Case: 3:1 0-cv-007 48-wmc Document #: 4 Filed: 1 i /30/1 0 Page 6 of 18

time herein, be referred to as FORECLOSURE MILL #1 and is part of the GMAC RACKETEERING ENTERPRISE because it directly engaged in the racketeering activities. It will be served with process upon its registered agent, Duncan Delhey, personally or by substituted service, at 16345 W. Glendale Drive, New Berlin, Wisconsin 53151.

27. JAY PITNER, (hereinafter "PITNER") a member of GRAY & ASSOCIATES, LLP and is an adult resident of the State of Wisconsin. He will be served personally or by substitution of service at 16345 W. Glendale Drive, New Berlin, Wisconsin 53151.

28. PITNER prepared and recorded a fraudulent assignment of mortgage to RFC, executed by the now-famous robo-signer, JEFFREY STEPHAN and his trainer, KENNETH URGWUADU, both ofwhom were GMAC.Mortgage, LLC employee and both of whom fraudulently signed on behalfofMERS as mortgagee ofrecord for AEGIS on January 6, 2010. (See Attached Exhibit B)

29. The purpose of the fraudulent assignment of mortgage, as is the practice of the GMAC RACKETEERING ENTERPRISE in thousands of foreclosure actions commenced throughout the U.S., is deceive and defraud the homeowner, homeowner's legal counsel, if any, the courts, the Registers of Deeds and the public by fabricating a secured interest in homes where the GMAC RACKETEERING ENTERPRISE knows that it does not have lawful assignments of mortgages.

30. PITNER created the assignment of mortgage purporting to be assigned from MERS on behalf of AEGIS to RFC specifically to commence foreclosure proceedings against the Plaintiff who knew that MERS did not have standing to foreclose against her home. In so doing he was a direct participant in the GMAC RACKETEERING ENTERPRISE.

31. PITNER knew or should have known that AEGIS was then and there in bankruptcy and could not have lawfully transferred any interest to RFC without approval of the Delaware Bankruptcy Court.

32. PITNER knew that MERS did not have the rights to assign any greater interest than it had as a mere nominee of AEGIS and therefore it had to appear that AEGIS authorized MERS to assign the Plaintiffs mortgage to RFC.

33. PITNER knew that JEFFREY STEPHAN and KENNETH URGW AUDU were not in the employ ofMERS and were not "Vice President" an "Assistant Secretary" ofMERS respectively.

34. It is clear from the face of Exhibit B that the fraudulent assignment of a bankrupt's party's interest was barred by the automatic stay.

35. It was eventually discovered by Plaintiff in late September, 2010 that the assignment (Exhibit B) was fraudulently executed by GMAC employees and was not an unlawful assignment

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of the bankrupt AEGIS' asset.

36. It is an essential element of of the GMAC RACKETEERING ENTERPRISE's pattern of conduct to deceive and defraud homeowners, courts and the courts and to conceal and obfuscate the identities of the owners of mortgage instruments.

37. The concealment and obfuscation includes a plan to defraud homeowners and courts using the concept of "holder in due course" to pretend that the successive imaginary mortgagees paid market value for the mortgage interest and take the interest without liability for claims against prior mortgagees.

38. As will be demonstrated below, the "holder in due course" fraud is created merely by using rubber stamps to create the impression that the note and mortgage have been transferred "without recourse" when in fact, in Plaintiff's case and thousands of other cases, the mortgage interests were placed into trusts consisting of mortgage backed securities and recreated as collateralized debt obligations and were not otherwise transfened to "holders in due course."

39. The fraudulent document passed off as the assignment of Plaintiff's mortgage was executed by a Pennsylvania notary. MERS is located in Reston, Virginia, but this fact was concealed from Plaintiffbecause the face of the assignment states that JEFFREY STEPHAN was "Vice President" of the assignor MERS signing on behalf of AEGIS and KENNETH URGWUADU held himself out as "Assistant Secretary" ofMERS signing on behalf of AEGIS.

40. JEFFREY STEPHAN was revealed to be a GMAC RACKETEERING ENTERPRISE robo-signer and is an adult resident of the State of Pennsylvania. He is employed by GMAC Mortgage, LLC in its Fort Washington, Pennsylvania office and will be served with process, personally or by substitution of service at GMAC Mortgage, 1100 Virginia Drive, Fort Washington, Pennsylvania. His home address is 42 Lenape Drive, Sellersville, Pennsylvania 18960.

41. JEFFREY STEPHAN and was trained to be a robo-signer by GMAC RACKETEERING ENTERPRISE employee KENNETH URGWUADU in the deposition taken by Attorney Thomas Cox in the Maine state court foreclosure action entitled GMAC v. Bradbury, et al., on June 7, 2010. That deposition is attached hereto in its entirety as Exhibit C-1 and constitutes an admission that STEPHAN and URGWAUDU were employees of the GMAC RACKETEERING ENTERPRISE, signing thousand of fraudulent assignments of mortgages each month.

42. KENNETH URGWUADU is an adult resident of the State of Pennsylvania and a former employee ofGMAC MORTGAGE, LLC. His home address is 1730 Ferndale Ave., Fl-1, Abington, Pennsylvania 19001.

43. The Bradbury deposition (Exhibit C-1) refers to an earlier deposition taken in the Florida state court foreclosure action entitled GMAC v. Neu, et al. That deposition, taken on

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Case: 3:1 0-cv-007 48-wmc Document #: 4 Filed: 1 i /30/1 0 Page 8 of 18

December 10,2009 is an admission by an employee of the GMAC RACKETEERING ENTERPRISE that STEPHAN signed as Vice-President or Assistant Secretary ofMERS even though he was not associated in any way with MERS. The attached portion of that deposition (Exhibit C-2) plainly states this aspect of the GMAC RACKETEERING ENTERPRISE and conclusively proves that Exhibit B, which was submitted to the Dane County Circuit Court, the Dane County Register of Deeds and the Plaintiff was and is a fraudulent document created for the the continuing GMAC RACKETEERING ENTERPRISE of committing fraud on Plaintiff, the courts, the Register of Deeds and the public.

44. The Bradbury and Neu depositions conclusively demonstrate that the GMAC RACKETEERING ENTERPRISE committed thousands of identical frauds throughout the nation for the purpose of taking homes in foreclosure using fraudulently documents.

45. The Bradbury robo-signing deposition became national news in September, 2010.

46. Plaintiff herself had been denied discovery by deposition in the second foreclosure case by an incomprehensible order of the state court judge which stayed all discovery because he was "too busy" to rule on the GMAC RACKETEERING ENTERPRISEs' Motion to Quash Subpoenas Duces Tecum.

47. Therefore, Plaintiff could not have discovered that the assignment was fraudulent until the deposition of STEPHAN taken by Attorney Thomas Cox was released to the media in late September, 2010.

48. Plaintiff immediately notified the lawyers at Foreclosure Mills #1 of the nationallyreported proof of the fraud being perpetrated against her and thousands of other homeowners. She notified them on September 27, 2010 and asked them to cease and desist from proceeding on the fraudulently procured Summary Judgment, in which the false and fraudulent assignment of mortgage was submitted with the Complaint.

49. Nevertheless, Foreclosure Mill #1 and #2, which are a part of the GMAC RACKETEERING ENTERPRISE, have taken no action to dismiss the fraudulently documented foreclosure proceedings against the Plaintiff.

50. MICHAEL RILEY, (hereinafter "RILEY") is a member or associate of Foreclosure Mill #1 and is an adult resident of the State of Wisconsin. He will be served personally or by substitution of service at 16345 W. Glendale Drive, New Berlin, Wisconsin 53151.

51. RILEY and FORECLOSURE MILL #1 commenced a foreclosure action against Plaintiff in the name ofMERS in 2003.

52. RILEY settled the dispute by false promises on behalf of MERS, knowing that MERS did not have the authority to settle the claim in furtherance of the racketeering conspiracy.

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53. RILEY refused to accept Plaintiff's payments into GRAY's Attorney Trust Account pending resolution of the dispute over the settlement agreement, thereby creating the appearance of Plaintiff defaulting on the settlement agreement, whereas the settlement agreement was a fraud ab initio.

54. WILLIAM N. FOSHAG (hereinafter "FOSHAG") is an associate with GRAY & ASSOCIATES, LLP and is an adult resident of the State of Wisconsin. He will be served personally or by substitution of service at 16345 W. Glendale Drive, New Berlin, Wisconsin 53151.

55. FOSHAG refused to accept Plaintiff's payments into FORECLOSURE MILL #1's Attorney Trust Account pending resolution of the dispute over the settlement agreement, thereby creating the appearance of Plaintiff defaulting on the settlement agreement, whereas the settlement agreement was a fraud ab initio.

56. FOSHAG appeared on behalf of FORECLOSURE MILL #1 to oppose the rescission ofthe fraudulently procured settlement agreement described at 16., above, in furtherance ofthe GMAC RACKETEERING ENTERPRISE.

57. PITNER, of FORECLOSURE MILL #1, created the fraudulent assignment of mortgage in order to commence a second foreclosure proceeding against the Plaintiff as is plainly evident by the fraudulent assignment (Exhibit B) itself. It states Document Prepared by JAY PITNER/GRAY & ASSOCIATES, L.L.P.

58. BASS & MOGLOWSKY, S.C. is a Wisconsin professional corporation, located in the metropolitan area of Milwaukee, Wisconsin and engages in a type of practice of law which has become known in commercial parlance as a foreclosure mill. BASS & MOGLOWSKY, S.C. will, from time to time herein, be refened to as FORECLOSURE MILL #2. The registered agent for service of process Steven W. Moglowsky with an address of7020 N. Port Washington Road, Suite 206, Milwaukee, Wisconsin 53217. The data for the registered agent is out-dated with the Wisconsin Department ofFinancial Institutions and FORECLOSURE MILL #2 is 501 West Northshore Drive Suite 300, Milwaukee, Wisconsin 53217 and Steven W. Moglowsky will be served at that address.

59. When Plaintiff observed that the promissory note attached to the second Complaint for foreclosure against her home was identical to the promissory note recorded with the Dane County Register of Deeds and was endorsed by Aegis Mortgage Corporation, she moved to dismiss the second foreclosure brought by FORECLOSURE MILL #1. (Exhibit D.)

60. ARTHUR MOGLOWSKY (hereinafter "MOGLOWSKY") is a shareholder of BASS & MOGLOWKSY, S.C. and is an adult resident of the State of Wisconsin. He will be served, personally or by substitution of service, at 501 West Northshore Drive Suite 300, Milwaukee, Wisconsin 53217.

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Case: 3:10~cv-00748-wmc Document#: 4 Filed: 11/30/10 Page 10 of 18

61. MOGLOWSKY and FORECLOSURE MILL #2 became co-counsel with FORECLOSURE MILL #1 in furtherance of the GMAC RACKETEERING ENTERPRISE.

62. MOGLOWSKY argued to the Dane County Circuit Court that Plaintiffs promissory note had been endorsed "in blank," notwithstanding the endorsement in favor of AEGIS .

63. MOGLOWSKY knew that the note was endorsed by AEGIS that the note was not the type of instrument which could be endorsed in blank as shown by paragraphs 64., 65 ., 66., 67., 68., 69., 70., 71,. 72., 74. and 78., below, along with all other allegations related to the forged promissory note.

64. MOGLOWSKY made the "endorsed in blank" argument in furtherance of the GMAC racketeering conspiracy to mislead the court in order to complete the second attempted foreclosure on Plaintiffs home.

65. DAVID M. POTTEIGER, (hereinafter "POTTEIGER") is an associate with BASS & MOGLOWSKY, S.C. and is an adult resident of the State of Wisconsin. He will be served, personally or by substitution of service, at 501 West Northshore Drive Suite 300, Milwaukee, Wisconsin 53217.

66. On June 17, 2010, contrary to the "endorsed in blank" argument of MOGLOWSKY, POTTEIGER provided Plaintiff with the attached Exhibit E in furtherance of the GMAC RACKETEERING ENTERPRISE.

67. Exhibit E is the second promissory note and is a badly photo shopped fraudulently created promissory note which is intended to defraud the Plaintiff and the Court that the promissory note was endorsed in favor of Residential Funding Corporation. It is clear that the previous endorsement in favor of the bankrupt AEGIS on Exhibit D, that the endorsement has has been recreated to contain appear to be an endorsement to Residential Funding Corporation. The AEGIS endorsement is overwritten and disappeared form the face of Exhibit E.

68. The second promissory (Exhibit E) also contains a fraudulently created endorsement from JPMorgan Chase Bank as Trustee in favor of Residential Funding Corporation which is wholly unnecessary in the endorsement chain because there is no purported endorsement from Residential Funding Corporation to JP Morgan Chase Bank as Trustee.

69. AMY NELSON, (hereinafter "NELSON") is a former employee of RESIDENTIAL FUNDING COMPANY, LLC and is an adult resident of the State of Minnesota. RFC is liable for the acts of NELSON in her capacity as its employee. NELSON will be served by personal or substitution of service at her current employment with HOME SAVINGS AMERICA: MINNESOTA at 35 East Broadway in Little Falls, Minnesota 56345. The home address of NELSON is being investigated. AMY NELSON is a very common name in Minnesota and she did not use her middle initial. She may live in Elk River, Minnesota or Champlin, Minnesota. If she cannot be served, it is not necessary for her to be served because RFC is liable for her

10

Case: 3:1 0-cv-007 48-wmc Document #: 4 Filed: i 1/30/1 0 Page 11 of 18

fraudulent actions.

70. Exhibit E takes the fraudulently created endorsement to JP Morgan Chase Bank as Trustee which is out of the chain of endorsements, the newly created endorsement already having been concocted to cover the endorsement in favor of the bankrupt AEGIS with the name of Residential Funding Corporation one step further.

71. Attached to the second promissory note (Exhibit E) is an allonge signed by Amy Nelson, fraudulently holding herself out as "Assistant Vice President of Bank of New York Trust Company as successor to JP Morgan Chase Bank, N.A. as Trustee and Residential Funding Company, LLC f/k/a Residential Funding Corporation, Attorney in Fact."

72. NELSON was at that time an employee ofRFC and was not an Assistant Vice President of Bank of New York Trust Company, N.A., nor was she Assistant Vice President of RFC.

73. NELSON, STEPHAN and URGWUADU were all employees of the GMAC RACKETEERING ENTERPRISE.

74. None of the endorsements on the second promissory note contain any dates or warranties of authority, nor is a power of attorney attached.

75. Exhibit F plainly shows that the GMAC RACKETEERING ENTERPRISE had taken the note endorsed only by AEGIS and put it into the "Trust" soon after the fraudulent transaction between Plaintiff and AEGIS closed. AEGIS' role in the GMAC RACKETEERING ENTERPRISE is described above.

76. As evidence of scienter, Plaintiff's access to the computer registration on the MERS system was blocked shortly after she presented the MERS data (Exhibit F) to the Dane County Circuit Court in connection with a renewed Motion to Dismiss the fraudulent foreclosure filed by Plaintiff on the basis of the forged promissory note provided to her by POTTEIGER.

77. PENNY M. GENTGES (hereinafter "GENTGES") is a shareholder of BASS & MOGLOWSKY, S.C. She will be served, personally or by substitution of service, at 501 West Northshore Drive Suite 300, Milwaukee, Wisconsin 53217.

78. GENTGES acted in furtherance of the GMAC RACKETEERING ENTERPRISE by moving to lift the automatic stay in Plaintiff's subsequently filed bankruptcy proceedings, knowing that RFC did not have a lawfully endorsed promissory note nor a lawful assignment of the AEGIS mortgage ofwhich MERS was the mere nominee. She presented a version of the forged note (Exhibit E) in connection with the GMAC RACKETEERING ENTERPRISE's Motion to Lift the Stay in Plaintiff's bankruptcy case in the Western District of Wisconsin in Case No. 01-09-16622.

11


78. As evidence of scienter, GENTGES refused to file a claim in the name ofRFC in the Plaintiffs bankruptcy proceedings, knowing that to do so would constitute federal crimes of bankruptcy fraud, although she should have known that racketeering is a federal crime.

79. The GMAC RACKETEERING ENTERPRISE which includes its racketeering FORECLOSURE MILLS #1 AND #2 continue to proceed to take Plaintiffs home, notwithstanding the overwhelming evidence of their fraud, racketeering and unfair debt collection practices.

80. JEFFREY STEPHAN (hereinafter "STEPHAN") is an employee of GMAC MORTGAGE, LLC who participated in the RACKETEERING ENTERPRISE by signing the assignment of mortgage in Plaintiffs case as Vice President ofMERS, knowing that he was not an employee of MERS nor its Vice President.

81. KENNETH URGW AUDU (hereinafter "URGWUADU") is a former employee of GMAC MORTGAGE, LLC who participated in the RACKETEERING ENTERPRISE by training STEPHAN to robo-sign and claiming to be Assistant Secretary of MERS, knowing that he was not an employee ofMERS nor its Assistant Secretary.

82. MANISH VERMA (hereinafter "VERMA") is an employee of GMAC MORTGAGE, LLC who signed an Affidavit in Support of Summary Judgment prepared by POTTEIGER who filed it in the GMAC RACKETEERING ENTERPRISE's second foreclosure lawsuit against the Plaintiff in furtherance of the frauds.

83. VERMA is an adult resident of the State of Pennsylvania and will be served with process, personally or by substitution of service at GMAC Mortgage, 1100 Virginia Drive, Fort Washington, Pennsylvania. His home address is 42 Lenape Drive, Sellersville, Pennsylvania 18960.

83. The VERMA Affidavit is petjurious in many respects, including the concocted amount of the Plaintiffs alleged indebtedness of which he claimed personal knowledge and VERMA swore under oath that the second promissory note is a true and correct copy of the original promissory note signed by the Plaintiff.

84. POTTEIGER prepared the perjurious Affidavit for VERMA's signature after telling Plaintiff that all he had to do to take her home was to prepare an Affidavit stating that the promissory note was a true and correct copy of the original promissory note and she could not disprove the facts asserted in the Affidavit that POTTEIGER and VERMA conspired to prepare in furtherance of the GMAC RACKETEERING ENTERPRISE.

85. Plaintiff repeatedly sought the production of the original promissory note, which was never produced.

86. FORECLOSURE MILL #1 and FORECLOSURE MILL #2 and its named individual 12


attorneys acted at all times in furtherance of the GMAC RACKETEERING ENTERPRISE.

87. POTTEIGER, acting in conspiracy with VERMA, prevented GMAC Mortgage, LLC from providing Plaintiff with a loan modification under the RAMP Program.

88. POTTEIGER issued FORECLOSURE MILL #2's own trust account check to return Plaintiff's first payment under the RAMP modification offered to her by GMAC Mortgage, LLC.

89. GENTGES falsely represented to the Wisconsin bankruptcy court that RAMP was a voluntary program, whereas all TARP funded entities are required to use all reasonable efforts to keep homeowners in their homes.

90. Plaintiff was at all times ready, willing and able to participate in the RAMP program pending determination of whether or not the promissory note and mortgage were lawfully endorsed and assigned, which they clearly were not.

92. POTTEIGER's action in returning the Plaintiff's first RAMP program and canceling her RAMP process was undertaken in furtherance of the GMAC RACKETEERING ENTERPRISE.

93. UNNAMED CO-CONSPIRATORS may be subsequently joined as their identities are uncovered through discovery in accordance with the Federal Rules of Civil Procedure

94. GRAY AND ASSOCIATES, LLP, PITNER, RILEY, FOSRAG, BASS & MOGLOWSKY, S.C., MOGLOWSKY, POTTEIGER and GENTGES are not entitled to qualified immunity from suit for their actions as the legal representatives of the GMAC RACKETEERING ENTERPRISE because there actions were fraudulent and lawyers enjoy no immunity from suit by the opposing party for fraudulent conduct in legal proceedings.

95. Plaintiff immediately notified the lawyers at FORECLOSURE MILLS #1 AND #2 of the nationally-reported proof of the fraud being perpetrated against her and thousands of other homeowners. She notified them on September 27, 2010 and asked them to cease and desist from proceeding on the fraudulently procured Summary Judgment, in which the false and fraudulent assignment of mortgage was submitted with the Complaint.

96. The GMAC RACKETEERING ENTERPRISE continues to proceed to take Plaintiff's home and thousands of other homes on the basis of false, fraudulent and perjured documents, while making false and misleading statements to Plaintiff, the courts, the Congress, regulatory agencies and the United States Treasury.

97. From the date AEGIS took Plaintiff's promissory note and mortgage on June 5, 2002 and nominated MERS as the register of Plaintiff's mortgage, the GMAC RACKETEERING ENTERPRISE intentionally and fraudulently concealed their unlawful conduct and the existence of their enterprise from the Plaintiff and intended to keep their unlawful activities secret from the

13


Plaintiff, all homeowners affected by similar frauds, the courts and the public.

98. The GMAC RACKETEERING ENTERPRISE engaged in its fraudulent conduct which, by its nature, is inherently self-concealing and when Plaintiff would discover one layer of the fraudulent activity, the racketeering enterprise would create knew fraudulent and perjured documents to continue the practice of fraudulent concealment of the enterprise in an effort to avoid detection.

99. By virtue of the fraudulent concealment by the GMAC RACKETEERING ENTERPRISE, the date from which the statute of limitations on any claim arising from any part of the scheme to defraud did not commence until the fraud was discovered in sufficient detail to allow the proper pleading of the racketeering frauds.

100. Additionally, each act offraud has a statute oflimitations of six (6) years from the date of discovery thereof.

101. Plaintiff has discovered more of entire racketeering fraud scheme when the Bradbury deposition was made public (and referred to the Neu deposition) at the end of September, 2010. (Exhibits C-1 and C-2)

102. As evidence of scienter, the GMAC RACKETEERING ENTERPRISE sought a protective order from the Maine court in GMAC v. Bradbury, et al. to prevent the disclosure of the Bradbury deposition, which protective order was denied and sanctions awarded to Bradbury for the frauds.

103. The GMAC RACKETEERING ENTERPRISE changed names of its various entities in furtherance of the racketeering enterprise to conceal its operations.

104. Plaintiff was accidentally notified of the multiple racketeering fictitious entities which are involved in the GMAC RACKETEERING ENTERPRISE by a privacy rights notice mailed from the post office box in Bloomington, Minnesota and listing the Defendant fictitious entities and numerous other fictitious entities associated with the GMAC RACKETEERING ENTERPRISE on or about March 3, 2010.

105. The disclosure described at paragraph 104., above, was insufficient to determine the relationship between the tentacles of the racketeering enterprise and Plaintiff was ultimately informed of the relationship ofthe aspect of the GMAC RACKETEERING ENTERPRISE responsible for the frauds being committed against her by the filing of a corporate disclosure form filed in the Seventh Circuit Court of Appeals by RFC and GENTGES in October, 2010.

106. The disclosure form referred to in paragraph 105 is still incomplete, but did allow sufficient identification of the multiply concealed identities for Plaintiff to form this Complaint, along with information from her own records.

14


107. As part of the GMAC RACKETEERING ENTERPRISE, Plaintiff's efforts to make payments to the real party entitled thereto were repeated refused by RILEY, FOSHAG, POTTEIGER and GENTGES.

108. As part of the GMAC RACKETEERING ENTERPRISE, false late fees, false and excessive property insurance payments, attorneys' fees for the racketeering enterprise, payment of real estate taxes in violation of the 2004 settlement agreement which Plaintiff sought to rescind for fraud, excessive interest, interest on the accumulating false charges were added to the Plaintiff's alleged indebtedness to the real party in interest which is still concealed by the fraud.

109. As an additional part of the GMAC RACKETEERING ENTERPRISE, the Plaintiff's payments to the racketeering enterprise were never credited to the loan obligation claimed on behalf of a yet unknown party in interest, believed to be RFC TRUST 03 Loan Pool Number RASC2002KSSCONF is a pool of investment securities managed by RESIDENTIAL FUNDING COMPANY, LLC.

110. As a further part of the GMAC RACKETEERING ENTERPRISE, RFC deregistered its securities to prevent the Securities Exchange Commission, the investors in the mortgage backed securities and the public from knowing the status of the fraudulently administered loans.

111. The de-registration of the RFC securities took place after Moody's discovered commingling of funds by RFC in conflict with the investors in the investment trusts and is further evidence of the fraud scheme of the GMAC RACKETEERING ENTERPRISE.

FIRST CAUSE OF ACTION: RACKETEERING

112. Plaintiff re-incorporates paragraphs 1. through 93. and specifically pleads that this court has jurisdiction over these proceedings under the Racketeer Influenced and Corrupt Organizations Act (RICO) at 18 U.S.C. sees. 1961-1968.

113. The facts set forth herein establish the GMAC RACKETEERING ENTERPRISE which creates false, fraudulent and perjured documents in order to defrauds homeowners, such as the Plaintiff, the Registers of Deed and the courts in order to fraudulently foreclosure on homes and to inflict injury and damages upon homeowners through a course of patten of conduct established for that purpose.

114. More than two acts offraud as part ofthe GMAC RACKETEERING ENTERPRISE have been committed in Plaintiff's case alone.

115. Thousands of acts of fraud are established by the depositions attached hereto as Exhibit C-1 and C-2.

15

Case: 3:1 0-cv-007 48-wmc Document#: 4 Filed: 11/30/10 Page 16 of 18

116. In the course of its RACKETEERING ENTERPRISE, the Defendants committed mail fraud.

117. Plaintiffis entitled to treble damages pursuant to 18 U.S.C. sec. 1964( c)and all other relief available under 18 U.S.C. sec. 1961-1968.

118. Because ofthe extent ofthe fraud, Plaintiffwas required to take time from other clients' cases to discover and disclose the frauds complained of herein and she should be allowed her actual attorney's fees for time spent on her own case as further damages.

119. Plaintiff has incurred court costs and litigation expenses over the eight (8) years that she has been subjected to the GMAC RACKETEERING ENTERPRISE.

120. Plaintiff is also entitled to actual attorney's fees under the RICO Act if she chooses to retain co-counsel.

121. Plaintiff is entitled to costs and disbursements in this action.

SECOND CAUSE OF ACTION: VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT ("FDCPA")

122. Plaintiff re-incorporates paragraphs 1. through 93.

123. Defendants are debt collectors as defined by 15 U.S.C. sec. 1692a(6).

124. Defendants filed false, deceptive, misleading and perjured documents in connection with the collection of Plaintiffs alleged debt in violation of 15 U.S.C. sec. 1692e.

125. Plaintiff suffered actual damages from the violations of the FDCP A and is also entitled to statutory damages and reasonable attorney's fees, should she retain co-counsel.

126. Because of the extent of the fraud, Plaintiff was required to take time from other clients' cases to discover and disclose the frauds complained of herein and she should be allowed her actual attorney's fees for time spent on her own case as further damages.

DEMAND FOR JURY TRIAL

Pursuant to Rule 38(a) of the Federal Rules of Civil Procedure, Plaintiff demands a jury trial to all issues triable to by a jury.

WHEREFORE, Plaintiff requests the following relief:

1. Awarding Plaintiff her home free and clear of the fraudulent claim of the GMAC RACKETEERING ENTERPRISE;

16

Case: 3:1 0-cv-007 48-wmc Document #: 4 Filed: 11/30/10 Page 17 of 18

2. Granting Plaintiff an injunction against the continuation of the GMAC RACKETEERING ENTERPRISE effort to take her home;

3. Awarding Plaintiff a declaratory judgment that RFC TRUST 03 Loan Pool Number RASC2002KSSCONF is a pool of investment securities managed by RESIDENTIAL FUNDING COMPANY, LLC is not entitled to any payment from Plaintiff due to the fraud perpetrated upon her by RFC Trust 03 or, in the alternative, declaring that the loan pool is obviously unsecured.

4. Awarding Plaintiff her actual damages for losses compensable for violation of FDCPA;

5. Awarding Plaintiff treble damages for violations of RICO for all of her losses, including but not limited to, pain and suffering, loss of economic opportunity, loss of prospective economic opportunity, payment for attorney's fees for her own time as an attorney in defending against the GMAC RACKETEERING ENTERPRISES and extensive litigation costs incurred over a period of eight (8) years of the continuing defense against the GMAC RACKETEERING ENTERPRISE.

6. Awarding Plaintiff statutory damages under FDCPA pursuant to 15 U.S.C. sec. 1692k.

7. Awarding Plaintiff all costs oflitigation against the GMAC RACKETEERING ENTERPRISE over the period of eight (8) years.

8. Awarding Plaintiff her attorneys' fees for any attorney whom she may hire to assist her in these proceedings under RICO and FDCP A and her own fees as an attorney for prosecuting this matter for a punitive damages award for the benefit of victims of the GMAC RACKETEERING ENTERPRISE.

9. Ordering joint and several liability against each and all of the members of the GMAC RACKETEERING ENTERPRISE, excluding AEGIS, but limiting the liability of the Wisconsin Foreclosure Mills to Plaintiffs damages and share of punitive damages.

10. A Punitive damages in the amount of$10,000,000,000.00 in order to fully deter the GMAC RACKETEERING ENTERPRISE from continuing its frauds throughout the nation and ordering that the punitive damages be paid from its cash reserves, exclusive of any federal bail out funding.

11. Ordering that the first amount of the punitive damages award up to the amount of an amount to be determined to be a fair allocation of the punitive damages award to Plaintiff and that the remaining balance of the up to $10,000,000,000.00 be paid to a Trust Fund to be administered for the benefit of all persons whose homes were taken by the GMAC RACKETEERING ENTERPRISE to a Trustee appointed by the Court (such a Kenneth Feinberg who administered the 911 settlement and is administering the Gulf Oil Spill settlement) to be distributed pro rata to the fraud victims on the basis of the fair market value of the homes

17


unlawfully taken by the GMAC RACKETEERING ENTERPRISE.

12. Excluding from the Trust Fund distribution all homeowners who recover funds in other actions and class action to the extent of their compensation from such actions up to the amount of the pro rata share which would be distributed from the Trust Fund.

13. Ordering that the balance of the punitive damages award, after Plaintiffs fair share, be paid to the Trust Fund be deposited in insured accounts in banks and credit unions in the State of Wisconsin, except that no Wisconsin bank which has received TARP funding and failed to comply with HAMP policies shall be entitled to receive any such deposit.

14. Ordering the Trustee to provide public notice in the Wall Street Journal of the availability of the Trust Fund for compensation to victims of the GMAC RACKETEERING ENTERPRISE and to provide such other notice of the funds available for compensation as the Court may deem sufficient to provide adequate notice of the victims' rights to distributions from the Trust Fund.

15. Ordering the appointed Trustee to make bi-annual reports to the Court until the funds are fully distributed.

16. Ordering the remainder, if any, of the balance of the Trust Funds be paid to the Community Investment Credit Corporation, a Wisconsin corporation, for the purpose of improving the business economy in the State of Wisconsin up to the amount of $20,000,000.00 and any further remaining balance to be paid to non-profit legal assistance programs throughout the State of Wisconsin by the State Bar of Wisconsin, in its sole discretion.

17. For such other relief as may be just and appropriate in these premises.

Dated at Minneapolis, Minnesota this 29'h day ofNovember, 2010.

Is/ Wendy Alison Nora

Wendy Alison Nora 4575 W. 80'h Street Circle, #141 Bloomington, Minnesota 55437

VOICE (952) 405-8631 FAX (952) 405-8691

accesslegalservices. [email protected]

18

Internal CM/ECF Live Database https:/ /ecfdeb.uscourts.gov'cgi-bin·NoticeOffi I ing.pl? I 09204

I of2

United States Bankruptcy Court District of Delaware

Notice of Bankruptcy Case Filing

A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 11 of the United States Bankruptcy Code, entered on 08/13/2007 at 3:22PM and filed on 08/13/2007.

Aegis Mortgage Corporation, et al. 11381 Meadowglen Lane Suite I Houston, TX 77082 Tax ID I EIN: 77-0589883 aka UC Lending aka New America Financial aka Caledon Capital

The case vvas filed by the debtor's attorney:

Laura Davis Jones Pachulski Stang Ziehl & Jones LLP 919 N. Market Street 17th Floor Wilmington, DE 19899-8705 302-652-4100

FILED

08/13/2007

3:22 PM

The case was assigned case number 07-11119-BLS to Judge Brendan Linehan Shannon.

In most instances. the tiling of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances. the sta) may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case.

If you would like to view the bankruptcy petition and other documents filed by the debtor. they are available at our internet home page ww\v.deb.uscourts.gov or at the Clerk's Office. 824 Market Street. 3rd Floor, Wilmington, DE 19801.

You may be a creditor of the debtor. If so. you will receive an additional notice from the court setting forth important deadlines.

David D. Bird

11.'27'2010 4:20 P\1

Case: 3:1 0-cv-00748-wmc Document#: 4-2 Filed: ~ 1/30/1 0 Page 1 of 1

DQCl,fMENl' NO

STArE DA.i\ OF WISCONSIN FORM 14- 1982 ASSWNMPNI Of' MORTGAGt:

DJ\l.lE COUNTY EE:G I S'l'f::H OF DEEDS

DOCUt4ENT H 4509316

02/23/2009 02:20PM contidtt.llion, utign• to Rc•id<ntlol Funding Con~pmy,I.LC lb Rcsid<~m>l Furuliog C<l<J>O<>lion

lh¢ mona-g.: :Acc:uted by Wc.ndy AIU:on Nor-4 tQ Mongasc E.ha:uot.k- fh:g;$-ta.tiQu S)1lttUJ~ Iu,., .u

nomill<C (.,AEGIS MQftpge C.,....,... lion on the 5th <lay of ]OM. 2001, together with lht pr<vio~$ly R~~c _ 2~e ~ :}11 . 00 Pages:

IJ\'(tlQ!l'JII<iMY & Aj_~,l,..l...f.

.Woo.f.lili!ll&i:!..~

Ota.~ It As.$0ci.tl:.'f. t~t .. ?. U» N aroo4,..,, s""' )<;~ Mth.-l!.lktt. Vt-1 531(!~

~ttto;q( ffi ___ l ' , .. ffi£l!A<ifk1'f""Coun!J l I

: F'~llyam.tb¢(CJR-mcth:\ _££___ d&yor J!f?_,_ ____ :~~ ,lhctlxl,.,~

' Jeffrut .!7'et~ --_ Ke~trz.e.fh f.j~rA-

\1) ""'mown t.Q. b<: the pmoo(t) wbo u.oc~t«1 tM f~'li.S lnt.1t~~.mtt~l th4

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:, )Y'{)<.?d~ ~;yfublK~ Co.mty. ___ . My•..ot~m~i~U

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sr,.n:a.MorvtOC{\'iSN tv.alto.. 1:4 t9f'

MAINE DISTRICT COURT, DISTRICT NINE DIVISION OF NORTHERN CUMBERLAND

FEDERAL NATIONAL MORTGAGE ASSOCIATION

P l a i n t i f f DOCKET NO. BRI-RE-09-65

v.

NICOLE M. BRADBURY Defendant

and GMAC MORTGAGE, LLC d/b/a DITECH, LLC.COM and BANK OF AMERICA, NA:

Parties in Interest

June 7, 2010

Oral deposition of JEFFREY D.

STEPHAN, taken pursuant to notice, was

held at the law offices of LUNDY FLITTER

BELDECOS & BERGER, P.C., 450 N Narberth

Avenue, Narberth, Pennsylvania 19072,

commencing at 10:10 a.m., on the above

date, before Susan B. Berkowitz, a

Registered Professional Reporter and

Notary Public in the Commonwealth of

Pennsylvania.

DiscoveryWorks Global 888.557.8650 www.dw-global.com

2 APPEARA:-ICES:

BRIAN M. FLEISCHER. ESQUIRE FLEISCHER. FLEISCHER & SUGLIA. P.C.

Plaza 1000 at Main Street Suite 208 Voorhees. New Jersev 0804:1 (856) 48lJ-8977 . bllei scher@' ll e i sche rl a w.com Counsel ror GMAC

THOMAS A. COX. ESQUIRE 10 LAW OFFICES OF THOMAS A. COX

P.O. Bm 1315 ll Portland. Maine 04104

(207) 749-6671 12 [email protected]

Counsel ror Dercndanl. 13 Nicole M. Bradbury 14 15

VIA TELEPHONE: 16 JULIA G. PITNEY. ESQUIRE

DRUMMOi'\D & DRLMMOi'\D 17 One Monument Wm·

Portland. Maine 04 i 0 I 18 (207) 774-0317

[email protected] 19 Counsellor GMAC and Fannie Mae 20 21 22 23 24 25

1 2 3 4 5 6 7

8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

(Document marked Exhibit-! for identification.)

(It is hereby stipulated and agreed by and between counsel that sealing, filing and certification are waived; and that all objections. except as to the form of questions. be reserved until the time of trial.)

JEFFREY D. STEPHAN, after having been duly sworn, was examined and testified as follows:

MS. PITNEY: I would like to put on the record that we requested a stipulation, and Attomey Cox has denied our request for that stipulation. And that would be a stipulation that this deposition transcript be used for this case, FNMA versus Bradbury, only.

DiscoveryWorks Global

2

3

1 STEPHAN 2 MR. COX: Mr. Fleischer, we 3 understand that Julia Pitney 4 represents the plaintiff in this 5 case. Who do you represent today'? 6 MR. FLEISCHER: I believe 7 Ms. Pitney both represents Fannie 8 Mae and GMAC. and I am here on 9 GMAC's behalf.

10 MR. COX: GMAC is neither a 11 plaintiff nor defendant in this 12 case. so we may have some issues 13 around that. but we'll cross that 14 bridge when we get to it. 15 16 EXAMINATION 17 18 BY MR. COX: 19 Q. Mr. Stephan. for the record. 2 0 would you state your full name. please'' 21 A Jeffrey Stephan. 2 2 Q. How old are you·) 23 A lam41.inJune. 2 4 Q. You live in Sellersville. 2 5 Pennsylvania?

1 2 3 4 5 6 7

8 9

STEPHAN A That is con·ect. Q. Have you hac! your deposition

taken previously'? A. In other cases. yes. Q. How many other cases'? A. This will be my third time. Q. What other cases were you

deposed in. to your recollection? A In what kind of cases'! Q. Well. can you remember the

names of the cases'? A. No. I don't. Q. When is the last time that

you've had your deposition taken? A. I would approximate two.

three months ago. Q. Was that in Florida" A. No. That was in New Jersey. Q. That would have been in

2010? A. Yes.

4

5

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q. Then you were deposed in Florida in December of 2009?

A That is conect. C -f - 2.

2 (Pages 2 to 5)

888.557.8650 www.dw-global.com

1 STEPHAN 2 Q. When was the other 3 deposition, the third deposition? 4 A. This one today is the third. 5 Q. Have you testified in court 6 as a witness before? 7 A. No. 8 Q. Did you review any documents 9 to prepare for this deposition?

10 A. Yes. 11 Q. What documents did you 12 review? 13 A. I looked at the deposition 14 that was sent to me. And I went over the 15 Complaint with Brian. 16 THE WITNESS: When was that, 17 Thursday, Wednesday? 18 MR. FLEISCHER: You're 19 directed not to say anything with 2 0 regard to what we spoke about, 21 but, yes, you can answer to what 2 2 you looked at. 23 THEWITNESS: Yes. 2 4 MS. PITNEY: I'm sorry to 2 5 intem1pt. I'm just having a

1 STEPHAN 2 little difficulty hearing you. Is 3 there any way to push the phone a 4 little closer to Mr. Stephan? 5 MR. FLEISCHER: Okay. And. 6 Julia, let me know during the 7 course if there's still a problem. 8 MS. PITNEY: You were doing 9 fine, and then it got a little

10 fuzzy. 11 THE WITNESS: I'll talk 12 louder. 13 MS. PITNEY: Thank you. 14 BY MR. COX: 15 Q. What deposition did you look 16 at? 1 7 A. The deposition for this 18 case. 19 Q. The Deposition Notice'? 2 0 A. Right, the Deposition 21 Notice. 2 2 Q. It was not another 2 3 deposition transcript --24 A. No. 2 5 Q. --that you were refening

6

7

1 STEPHAN 2 to? 3 A. No. 4 MR. FLEISCHER: Let him 5 finish the question. and then 6 respond, because it makes it 7 cleaner for the transcript. 8 TI-lE WITNESS: Thank you. 9 BYMR.COX:

10 Q. What is your educational 11 background? 12 A. I have a four-year degree at 13 Penn State University in liberal arts. 14 Q. When did you go to work for 15 GMAC'? 16 A. I began work at GMAC 1 7 September 30th of '04. 18 Q. What was your work history. 19 in a summary form. before you went to 2 0 work for GMAC'? 21 A. I have done collections and 2 2 mortgage foreclosures for other 2 3 companies. 2 4 Q. Who have you done mortgage 2 5 foreclosure work for''

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

STEPHAN A. ContiMortgage. Fairbanks

Capital, GMAC. Q. The first one. I'm not sure

about. Is that Conti. C-0-N-T-E (sic)? A. C-0-N-T-1. Q. What period of time did you

work for Conti Mortgage'? A. I began there in '92. I

believe !left there in '98. Q. What years, approximately,

did you work for Fairbanks Capital? A. '98 to '04. Q. You work in the GMAC

Mortgage office in Fort Washington. Pennsylvania: is that correct?

A. That is cotTect. Q. Approximately, how many

people work in that office? A. I can't estimate the number

of people. I can say my department. approximately 50 to 60 people.

Q. What's the name of your department?

A. Foreclosures.

8

9

3 (Pages 6 to 9)


10

1 STEPHAN 1 2 Q. When you began working for 2 3 GMAC Mortgage in 2004, what position did 3 4 you begin working in? 4 5 A. I was a foreclosure 5 6 specialist. 6 7 Q. What kinds of duties did 7 8 that involve? 8 9 A. That involved the day-to-day 9

1 0 handling and servicing of a pottfolio of 1 0 11 loans that fell into a foreclosure 11 12 category. 12 13 Q. What kinds of duties did you 1 3 14 carry out with respect to those matters? 14 15 MS. PITNEY: Object to form. 15 16 MR. COX: You have to 16 1 7 answer. 1 7 18 MS. PITNEY: You can answer 18 19 the question. 1 9 2 0 THE WITNESS: The everyday 2 0 21 servicing of the file, from 2 1 2 2 contacting the attorney, supplying 2 2 2 3 an attorney who's handling a case 2 3 2 4 within my pmtfolio with any 2 4 2 5 information they may need, a copy 2 5

1 STEPHAN 2 of documents that may be needed 3 through a fax form or e-mail fonn, 4 the calculation of figures for 5 judgments, reporting sale results 6 at that time, and properly 7 conveying properties to the proper 8 depmtments for post sale action. 9 BY MR. COX:

1 0 Q. How long did you hold the 11 position of foreclosure specialist'? 12 A. With GMAC, three years. 13 Q. So you would have assumed a 14 new position sometime in 2007? 15 A. Yes. 16 Q. What position did you assume 17 in 2007? 18 A. I became a team lead within 19 the foreclosure depmtment. 2 0 Q. What duties did you assume 21 as the team lead in the foreclosure 2 2 department? 2 3 A. At that time, GMAC 2 4 segregated our department into teams, and 2 5 I was put into place as the supervisor or

11

1 2 3 4 5 6 7

8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

STEPHAN team lead for our bidding team. which would be a team of individuals who calculate the bids for sales.

Q. Calculate the bids for sales of mortgage --

A. foreclosure sale~. MR. FLEISCHER: Again. let

him finish the question. BY MR. COX:

Q. Just so I can understand it. your role in that position was to help GMAC calculate what it was going to bid at any given foreclosure sale'1

A. That would be correct. Q. The foreclosure

department -- is that what it's called'l A. Yes. Q. That has units within it'1

A. Yes. Q. And when you were doing the

bidding work, what unit were you a pa1t of at that time'?

A. ll1e bid team. Q. How long did you serve on

STEPHAN the bid team'?

A. I'm going to estimate six months to a year, at the most.

Q. Does it sound roughly correct that sometime in 2008. you assumed a new position·)

A. Yes. Q. What was the next position

that you held after working on the bid team?

A. My present position. which is the team lead of the document execution team.

Q. Is there also a service transfer unit?

A. Yes. there is. Q. Are you the team lead of

that as well'? A. Yes, I am. That falls into

the document execution team.

12

l3

Q. So I talk your language, there's a foreclosure depattment'? .

A. Yes. C f ·-4 Q. And the subdivisions within

4 (Pages 10 to 13)


14 16

1 STEPHAN 1 STEPHAN 2 that, do you call them teams or units? 2 A. 14. 3 A. Teams. 3 Q. Including yourself? 4 Q. So there's a foreclosure 4 A No; including me, 15. 5 department, and then within it are a 5 Q. What training have you 6 group of teams that do different 6 received from GMAC to function in vour 7 functions; is that correct? 7 capacity as the team lead for the 8 A. That is correct. 8 document execution team·) 9 Q. What does the document 9 MS. PITNEY: Object to fotm.

1 0 execution team do? 10 BY MR. COX: 11 MR. FLEISCHER: Objection as 11 Q. Let me restate the question. 12 to fonn. 12 Have you received any training from GMAC 13 THE WITNESS: Can you 13 to use in conjunction with your 14 rephrase that? 14 pett'ormance as the team lead for the 15 BY MR. COX: 1 5 document execution tcam'1

16 Q. What are the functions of 16 A. Yes. 17 the document execution team? 17 Q. What training have you 18 A. The functions of my document 18 received? 19 execution team is, I have staff that 19 A I received side-by-side 2 0 prints documents, from our computer 2 0 training from another team lead to 2 1 system, that are submitted from our 2 1 instruct me on how to review the 2 2 attorney network. I have staff. also, on 2 2 documents when they are received from my 2 3 that team who prepares the documents 2 3 staff. 2 4 which have already received figures from 2 4 Q. Who was that person? 2 5 our attorneys. So there are completed 2 5 A That person. at the time. I

15 :.7

1 STEPHAN 1 STEPHA!\'

2 documents. They fill in the blanks, they 2 believe was a gentleman by the name of'

3 stamp names. They ensure that all of the 3 Kenneth Ugwuadu. L'-G-W-U-A-0-C. He is no

4 notary lines are completed properly once 4 longer with GMAC.

5 it's returned from the notary. And that 5 Q. How long did that training

6 staff also is in charge of making sure 6 last?

7 they Federal Express the document back to 7 A. Three days.

8 the designated attorney within our 8 Q. Were there any written or

9 network. 9 printed training materials or manuals

10 Q. What does the service 10 used as a pan of that training·)

11 transfer team do? 11 A. No.

12 A. The service transfer team 12 Q. Again, just so !understand

13 receives a list of loans from our 13 what your testimony was. that training

14 transfer management team, which is 14 involved your learning how to review the

15 located in Iowa. The service transfer 15 documents that were being processed

16 team within foreclosure only handles 16 through your hands: is that correct'!

17 loans that fall into a bankruptcy or 17 A. That's correct.

18 foreclosure category. They prepare files 18 Q. What were you trained to do

19 or CDs, and transfer them to the new 19 with respect to those documents by that 2 0 servicer. So they're loans that are 2 0 gentleman'?

21 either acquired, or they're loans that 21 A. Basically. ho\\ to rcvie\\ the

2 2 are being transfened to a new servicer 2 2 system. which I already basically knew

2 3 for service. 2 3 from preparing documcms in my prior 2 4 Q. How many employees are on 2 5 the document execution team?

2 4 position before becoming a team lead. So _ 2 5 it was more or less a reha,h. let's say. C. ·- j ~ ~

5 (Pages 14 to 17)


1 STEPHAN 2 or retraining, to confi1m that I was 3 looking at things conectly in the 4 system. 5 Q. When you refer to a system, 6 you're refeiTing to a computer system? 7 A. Yes. 8 Q. Other than what you might 9 call it when you're not happy, does that

1 0 system have a name? 11 A. Yes. That system is called 12 Fiserv, F-1-S-E-R-V. 13 Q. Have you received any 14 training on how to use that system? 15 A. Yes, when I was hired. 16 Q. Are there any manuals or 17 training materials associated with your 18 training on that system? 19 A. Yes, there is. 2 0 Q. Do you have those manuals in 21 your possession? 2 2 A. Presently, no. 2 3 Q. Do they exist in your office 24 at GMAC'? 2 5 A. I honestly don't know.

1 STEPHAN 2 Q. In your role as team lead 3 for the document execution team, do you 4 have any duties with respect to the 5 receipt. application, or counting for 6 loan payments? 7 A. No. 8 MS. PITNEY: Object to the 9 form of the question.

10 BY MR. COX: 11 Q. What department has that 12 responsibility? 13 A. To my understanding, that 14 would be customer service. And within 15 customer service, I believe there is a 16 cash unit. 1 7 Q. Have you ever worked in that 18 cash unit? 19 A. No. 2 0 Q. Have you ever worked in that 21 customer service department? 22 A. No. 2 3 Q. Have you ever had any 2 4 training in how that department and unit 2 5 work?

18

19

1 STEPHAN 2 A. No. 3 Q. In your capacity as team 4 lead for the document execution team. do 5 you have any responsibility for data 6 entry into the computer system regarding 7 payments received by GMAC') 8 A. No. 9 Q. In your capacity as the team

10 lead for the document execution team. do 11 you have any role in the foreclosure 12 process at GMAC. other than the signing 13 of documents? 14 MR. FLEISCHER: Objection as 15 to the form of the question. 16 THE WITNESS: Can you 17 rephrase? 18 BY MR. COX: 19 Q. In your capacity as the team 2 0 lead for the document execution team. do 21 you have any role in the foreclosure 2 2 process. other than the signing of 2 3 documents'7

24 A. No. 2 5 Q. I'm going to hand you what

1 STEPHAN 2 we have marked as Deposition Exhibit 3 Number l. which is your affidaYit in this 4 case. elated August 5. 2009. 5 MS. PITNEY: Excuse me, Tom. 6 This is Julia. Am I to presume 7 that this is the only exhibit 8 you're going to be introducing? 9 Because I haven't received any

10 exhibits that you plan to produce 11 at this deposition today. 12 MR. COX: I had no idea you 13 were going to be pm1icipating 14 today. Julia. 15 MS. PITNEY: Well. I 16 represent the plaintiff. It 17 shouldn't come as any surprise. 18 MR. COX: We're not going to 19 have a debate on the record. The 2 0 exhibits are here. You're welcome 21 to come see them. I had no idea 2 2 that you were going to participate 2 3 in this fashion. 24 MS.PJTNEY: Youhadno .

20

21

2 5 idea? C.- - ( ·- (., 6 (Pages 18 to 21)

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1 STEPHAN 2 MR. COX: I'm not going to 3 have this exchange on the record 4 with you. If you want to go otl 5 the record for a minute, I'll be 6 happy to do it. 7 MS. PITNEY: No. we're going 8 to stay right on the record. Tom. 9 MR. COX: That's fine.

10 MS. PITNEY: Is it your 11 intent to introduce these exhibits 12 that have not been produced to the 13 opposing party? 14 MR. COX: I'm not going to 15 respond to that. I will entertain 16 objections that you are going to 1 7 make. But I'm not going to 18 respond to your questions on the 19 record. 2 0 MS. PITNEY: I'm going to 21 object to each and every exhibit. 2 2 MR. COX: That's your right 2 3 to do that. 24 BY MR. COX: 2 5 Q. I've handed you Deposition

23

1 STEPHAN 2 Exhibit Number 1, Mr. Stephan. Is that a 3 document signed by you? 4 A. Yes, that is my signature. 5 Q. And that's dated August 5. 6 2009? 7 A. That is conect. 8 Q. Do you have any memory of 9 signing that document?

10 A. No, I do not. 11 MS. PITNEY: I'd like to 12 take a brief break and speak with 13 Attorney Fleischer separately. 14 There's no question pending. 15 (Whereupon. a short recess 16 was taken.) 17 MR. COX: I gather you have 18 something you want to say on the 19 record, Julia? 2 0 MS. PITNEY: Yes. I object 21 to not being provided copies of 2 2 the documents that you intend to 2 3 introduce in this deposition. And 2 4 in an effort to make things more 2 5 efficient, my proposal is that --

1 STEPHAN 2 I understand there's not a large 3 number of documents. I propose 4 that we have Attorney Fleischer 5 fax them to me. or e-mail. in 6 bulk, or we're going to have to 7 stop. I would object. And each 8 time I'm going to stop and have 9 each document sent to me.

10 MR. COX: Your objection is 11 noted. 12 MR. FLEISCHER: Why don't we 13 at least just deal with the one 14 document that's in front of us at 15 this point. which is the 16 affidavit. and then we'll address 1 7 each one as they come up. 18 MS. PITNEY: Fair enough. 19 BY MR. COX: 2 0 Q. Mr. Stephan. you've 2 1 testified that in addition to yourself. 2 2 there are 14 other employees in your 2 3 document execution team. 2 4 A. That is correct. 2 5 Q. You have a title of limited

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

STEPHAN signing otTicer; is that correct'?

A. That is COJTcct. Q. How long have you been a

limited signing officer for GMAC Mortgage?

A. I'm going to estimate, two years.

Q. Are there any other limited signing officers among the 14 people on your team'?

A. No. not amongst my 14 people.

Q. Exhibit-!. on the bottom of the first page. says: I have under my custody and control the records relating to the mortgage transaction referenced below.

What records does GMAC maintain with respect to mortgage transactions'?

MS. PITNEY: Object to the fOJm.

THE WITNESS: Please 1 rephrase. {!_ ·- I •

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25

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26 28

1 STEPHAN 1 STEPHAN 2 BY MR. COX: 2 A. That would be correct. 3 Q. What records does GMAC 3 Q. And you have no role in the 4 maintain with respect to mortgage loans? 4 entry of any other data into that system; 5 A. We keep our records for the 5 isn't that correct? 6 foreclosure department and the rest of 6 A. That is correct. 7 the company on our Fiserv system for 7 Q. What department maintains 8 availability throughout our company. 8 that system? 9 Q. Do paper records exist 9 MR. FLEISCHER: Objection as

10 anywhere within GMAC Mortgage? 10 to form. 11 A. Yes, they do. 11 BY MR. COX: 12 Q. Where do they exist? 12 Q. Do you know what department 13 A. I believe they are housed 13 maintains that system? 14 either in our Iowa office or in 14 A. The system is used by the 15 Minnesota, or with any of our custodians 15 entire company. 16 involved within the company. 16 Q. Do you know what department 17 Q. Do you have any 17 maintains the security for that system? 18 responsibilities for making entries in 18 A. The IT department. 19 the Fiserv system? 19 Q. Where is that located'.> 20 A. Other than just usual notes, 20 A. Throughout the entire 21 no. 21 country. 22 Q. What kind of usual notes do 22 Q. Do you know what department 23 you enter? 23 makes entries into that system? 24 MS. PITNEY: Object. I'm 24 A. Numerous departments. 25 objecting to the form of the 25 Q. Do you know what departments

27 29

1 STEPHAN 1 STEPHAN 2 question. And, furthermore, I'm 2 have the ability to change entries in 3 objecting to the extent that 3 that system? 4 you're basically asking him an 4 A. Nobody has the ability to 5 incredibly broad-based question 5 change an entry in the system. as t~1r as 6 here, Tom. If you want to ask him 6 a note would go. 7 about this case and any entries he 7 Q. What do you mean by that? 8 made with respect to this case, 8 A. Such as if a customer calls 9 then that's fine. But your 9 in, you type in the system. Once you

10 question is pretty sweeping there. 10 type it. it's entered. 11 BY MR. COX: 11 Q. Does GMAC keep a paper 12 Q. What is your usual business 12 record of loan payments made by mortgage 13 practice and routine with respect to 13 customers? 14 making usual notes in the Fiserv system? 14 A. I do not know. 15 A. If a customer were to call 15 Q. I think you said that the 16 in, I would make a note in our computer 16 cash department receives payments --17 system. 17 customer payments: is that correct') 18 Q. Do customers call you in 18 A. To my knowledge, yes. 19 yom· capacity as team lead for the 19 Q. That's the clepa1iment that 20 document execution team? 20 you've said you have not worked in: is 21 A. No, they do not. 21 that correct') 22 Q. So if that's the only kind 22 A. That is COITeCl. 23 of notes that you would make in the 23 Q. So you don't have firsthand 24 system, is it fair to say that you don't 24 knowledge about how it ope~es; is that 25 make notes in that system? 25 con·ect'? , ·- / - g

8 (Pages 26 to 29)


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1 STEPHAN 2 A. That is conect. 3 MS. PITNEY: Object. 4 BYMR.COX: 5 Q. Do you have any knowledge 6 about how the data relating to those 7 payments are entered into the system? 8 A. I do not have that 9 knowledge.

1 0 Q. Do you have any knowledge 11 about how GMAC ensures the accuracy of 12 the data entered into the system'? 13 A. No, I do not. 14 Q. Do you have any knowledge as 15 to what measures GMAC takes to preserve 16 the integrity and security of the system'? 1 7 A. No, I do not. 18 MS. PITNEY: Object to the 19 form of that question. 2 0 BY MR. COX: 21 Q. In your capacity as team 2 2 lead for the document execution team. 2 3 what kinds of documents do you sign'? 2 4 A. The types of documents I 2 5 sign are assignments of mortgage,

31

1 STEPHAN 2 Q. That's the only other 3 document execution team that you're aware 4 of? 5 A. To my knowledge, yes. 6 Q. When you referred in one of 7 your answers a few moments ago to 8 judgment affidavits. are you refening to 9 the type of affidavit in front of you, as

10 Deposition Exhibit- I'? 11 A. That is a similar type of 12 affidavit, yes. This states Affidavit in 13 Support of the Plaintiffs Motion for 14 Summary Judgment. 15 Q. Have you received any 16 training regarding the summary judgment 17 process in judicial foreclosure states? 18 A. No. 19 Q. Do you have any knowledge as 2 0 to what a summary judgment affidavit is 2 1 used for in the State of Maine? 2 2 MR. FLEISCHER: Objection as 2 3 to form 2 4 BY MR. COX: 2 5 Q. Would you please answer the

1 STEPHAN 1 STEPHAN question'? 2 numerous types of affidavits, deeds that 2

3 need to be done post sale, a substitution 3 4 of trustees. And that covers it in a 4 5 general span. 5 6 Q. You said you sign a vmiety 6 7 of affidavits. What kinds of affidavits 7 8 do you sign? 8 9 A. I sign judgment affidavits 9

10 for judicial foreclosure actions. I will 1 0 11 sign an affidavit verifying military 11 12 duty. I sign affidavits in reference to 12 13 -- if GMAC has exhausted all options 13 14 through lost mitigation upon reviewing · 1 4 15 notes in our Fiserv system. That's a 15 16 general description of different types 16 17 of affidavits. 1 7 18 Q. Your document execution team 18 19 provides documents for foreclosures in 19 2 0 what states? 2 0 21 A. Throughout the country. 21

A. To my knowledge, a borrower would have filed a contested answer. And this would be our next step within the process, to confirm the amount that is due to support the summary judgment.

Q. Do you understand hem: the affidavit is used, that is, Deposition Exhibit Number !'1

MS. PITNEY: Objection. Tom, you're getting dangerously close here to the privileged area. I mean, this affidavit, in itself. was prepared in preparation for litigation-- in litigation; not even preparation for it, but during litigation.

MR. COX: I have not the slightest interest in getting into attorney/client privilege. I'll

32

33

2 2 Q. Are there other document 2 2 2 3 execution teams within the GMAC system? 2 3

rephrase the question. C _ I _c.1· BY MR. COX:

2 4 A. I believe our bankruptcy 2 4 2 5 unit also has a document execution team. 2 5

Q. Do you have any knowledge of how summary judgment affidavits are used

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1 STEPHAN 1 2 in judicial foreclosure states? 2 3 A. No. 3 4 Q. Are you aware that they are 4 5 given to a judge? 5 6 A. Yes. 6 7 Q. And do you understand that 7 8 the judge relies upon them? 8 9 A. Yes. 9

10 Q. At the time that you 10 11 executed Deposition Exhibit-! on August 11 12 5, 2009, you were. at that time, in your 12 13 position as team lead for the document 13 14 execution department? 14 15 A. Yes. 15 16 Q. Has the manner in which you 16 1 7 petform your duties as the team lead for 1 7 18 the document execution department changed 1 8 19 in any way over the period from August 5. 19 2 0 2009 to the present date? 2 0 21 A. No. 21 2 2 Q. Has your job description 2 2 2 3 changed in any manner during that time? 2 3 2 4 A. I assumed the responsibility 2 4 2 5 at that time of also handling the service 2 5

1 STEPHAN 2 transfer team as an additional 3 responsibility; other than document 4 execution, no. 5 Q. In your usual business 6 practice as a team lead for the document 7 execution team, how does a summary 8 judgment affidavit come to you. such as 9 the one that is Deposition Exhibit Number

10 I? 11 MS. PITNEY: Objection. 12 Tom, if you'd like to ask him 13 about how this specific affidavit 14 came to him, that's fine. But, 15 again, you're asking way too 16 broad. 17 BY MR. COX: 18 Q. Do you know how this 19 specific affidavit got to you, Mr. 2 0 Stephan? 21 A. We have a process in place 2 2 that if our attorney network needs an 2 3 affidavit, they will upload it into our 2 4 system, which is called LPS. We have 2 5 another system, which is a communication

35

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

STEPHAN tool, between our attomeys. They load it into a process called signature required.

MS. PITNEY: Je!T. I'm going to intetTupt you right there. To the extent that this answer or anything else that you say has to do with your communication between you and your attorney-- GMAC and its attorney. it's attorney/client privilege.

TI-rE WITNESS: So I won't answer.

MR. COX: Well, let's go back and ask the question again.

MS. PITNEY: He's answered the question. He gets the affidavit from the attorney.

BY MR. COX: Q. What is the LPS system') A. That is a communication tool

with our attorney network. Q. Is LPS a separate company? A. Yes.

STEPHAN MS. PITNEY: Objection. The

means by which he communicates any details about-- the means by which he communicates with his attorneys is privileged.

BY MR. COX: Q. What does LPS do'?

MS. PITNEY: I'm going to ohjcct again on privilege grounds. Same objection. Do not ans\\'er that question.

THE WITNESS: Okay. BY MR. COX:

Q. Is the source of what you

36

37

know about what LPS does based upon any communication that you\'e had with lawyers')

A Sorry. Please rephrase that. I don't understand your question.

Q. Do you know what LPS does with respect to documents proc?\secl by your unit? L 1

/ ·-I () MS. PITNEY: Objection.

Same objection.

10 (Pages 34 to 37)


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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

38

STEPHAN MR. COX: He can answer that

yes or no. THE WITNESS: I still don't

understand what you're asking. BY MR. COX:

Q. You've mentioned LPS. A. Right. Q. That's a separate company;

is that correct? A. It's a system that we have

acquired from a company by the name of Fidelity, in order to have communication between our attorneys.

Q. Do you have any memory of specifically receiving Deposition Exhibit-!?

A. No. Q. Again, I'm asking you, based

upon that, to describe what the usual business practice is within your unit, as far as how affidavits, such as Deposition Exhibit-!, come to you.

A. Our attorney will load it to the LPS system. Members of my team will

39

STEPHAN print it. Other members will prepare it. The figures have already been loaded from our network of attorneys. So my team does not have any input on the affidavit, other than filling in my name. They bring it to me. I review it against our Fiserv system, execute it, hand it back. They get it notarized. It's Federal Expressed back to the individual attorney asking.

Q. Do you keep a log of any sot1 of what documents you execute?

MS. PITNEY: I'm sorry. Can you repeat the question, Tom? I could not hear that.

BY MR. COX: Q. Do you keep a log of any

sot1 of what documents you execute? MS. PITNEY: Objection.

Work product. Any type of log that he keeps relative to these affidavits is prepared in preparation for litigation; to the extent that one even exists.

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

40

STEPHAN MR. COX: He can answer the

question of whether or not he keeps a log, before I ask him what goes into the log.

MS. PITNEY: Fine. THE WITNESS: No, I don't

have a log. BY MR. COX:

Q. Does anybody keep a log of what documents you sign'!

MS. PITNEY: Object to the fonn of that question.

THE WITNESS: Please rephrase.

BY MR. COX: Q. Do you know if anybody keeps

a log of what documents you execute? A. We have notaries in our

department. approximately six. who keep a log for what they notarize.

Q. These are notaries within your department?

A. That is cotTect. Q. As I understand it. the

STEPHAN

41

first step is, in your department. a document comes in on the LPS system from the outside lawyer: is that cotTect?

A. That is correct. Q. And then an employee in your

department prints it out: is that COJTCCt'?

A. That is correct. Q. And then you said that the

employee prepares the document. What does that mean')

MS. PITNEY: Objection. The document is prepared for litigation. It is privileged. How it is prepared is pri,·ileged. Do not answer that question.

BY MR. COX: Q. Do your employees have any

direct communication with outsidn 1. \

counsel? L ·- I - I

A. Yes, through the LPS system. MS. PITNEY: Objection. How

and what he communicates with his attorney is privileged. Tom.

11 (Pages 3 8 to 41)


1 STEPHAN 2 MR. COX: I haven't asked 3 for the content. I asked if it 4 happens. 5 BYMR.COX: 6 Q. Would you answer the 7 question, please? 8 A. Yes, through the LPS system. 9 Q. Is anything done to a

1 0 document submitted to the LPS system by 11 an outside lawyer before it reaches your 12 hands? 13 MS. PITNEY: Objection. 14 Preparation of the document is 15 p1ivileged. It's for litigation. 16 Do not answer the question. 17 BY MR. COX: 18 Q. Is the document that is 19 received in the LPS system from outside 2 0 counsel presented to you in exactly the 21 form that it is received in from outside 22 counsel? 2 3 MS. PITNEY: Objection. 2 4 Same objection. 2 5 MR. COX: Is it an

1 STEPHAN 2 objection, or are you instructing 3 him not to answer? 4 MS. PITNEY: I'm instructing 5 him not to answer, to the extent 6 you're asking him questions about 7 a document that was prepared 8 specifically during the course of 9 litigation. It's protected by

1 0 privilege, and you can't ask him 11 questions about it. 12 BY MR. COX: 13 Q. Deposition Exhibit -1 has 14 your name stamped on it with a stamp: is 15 that coJTect? 16 A. That is con·ect. 1 7 Q. And below your name, the 18 words "limited signing officer" appear: 19 is that coJTect? 2 0 A. That is coJTect. 21 Q. Who puts that stamp on these 2 2 affidavits? 2 3 A. My team. 2 4 Q. On this particular 2 5 affidavit, your name and title is stamped

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1 STEPHAN 2 twice on the first page. and once on the 3 signature page for you: is that coiTect? 4 A. That is COITCCt. 5 Q. And then it's stamped again 6 on the notary page: is that correct'1

7 A. That is correct. 8 Q. So as I understand it, an 9 affidavit, such as Deposition Exhibit-!,

1 0 is initially prepared by outside counsel? 11 MS. PITNEY: Objection. 12 BY MR. COX: 13 Q. Is that correct? 14 A. Yes. that is con·ect. 15 Q. Does anybody on your team 16 verify the accuracy of any of the 17 contents of the affidavit before it 1 8 reaches your hands'? 19 MS. PITNEY: Objection 2 0 again. How the document is 21 prepared -- you can ask him 2 2 questions about the document and 2 3 what's stated in the document. 2 4 The preparation of the document, 2 5 which is prepared for litigation,

1 2 3 4 5 6 7 8 9

STEPHAN is privileged. Do not answer the question. Jeff.

BY MR. COX: Q. Mr. Stephan. do you recall

testifying in your Florida deposition in December, with regard to your employees. and you said, quote. they do not go into the system and verify the information as accurate?

A. That is correct. MS. PITNEY: I'm sorry.

Tom, could you please repeat what you just said? I just couldn't hear.

MR. COX: Quote: They do not go into the system and verify the information as accurate.

BY MR. COX:

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45

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Q. Is that correct? A. That is correct. c.·- i- 12

'25

MR. FLEISCHER: Tom, can you reference what litigation that was in, do you know'?

MR. COX: The Florida case

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1 STEPHAN 1 STEPHAN 2 that he testified in. 2 A. That would be correct. 3 MR. FLEISCHER: I just 3 Q. Roughly, how many are 4 thought you might have a reference 4 brought to you in a group. on average? 5 there. 5 A. Throughout a day. I believe 6 MR. COX: I'll get it 6 we are averaging approximately 400 new 7 shortly. 7 requests coming in from our attomey 8 BY MR. COX: 8 network. So I would say approximately 9 Q. Do you and your 14-person 9 400 per day.

1 0 team all work in the same physical space? 1 0 Q. This sounds verv basic. 11 A. Yes. We're all in the same 11 But. physically. are you handed a pile of 12 department. 13 Q. Do you have an office or a

12 l 00 documents. 300 documents? How does 13 that work?

14 cubicle, or what? 14 A. They bring them to me in 15 A. Cubicle. 1 5 individual folders from each one of the 16 Q. Do the employees bring 1 7 documents to you to sign?

16 members of my team. I do not count how 17 many are in the files.

18 A. That is con·ect. 18 Q. So each team employee has a 19 Q. How many do they bring to 19 folder of document: is that correct? 2 0 you at a time, on average? 2 0 A. That is correct. 21 A. For a month, anywhere from 21 Q. When you receive a summary 2 2 six to 8,000 documents. 2 2 judgment affidavit to be signed by you. 2 3 Q. Do you recall testifying in 2 3 is it accompanied by any other documents 2 4 your Florida deposition in December that 2 4 relating to the loan? 2 5 you estimated it was l 0,000 documents a 2 5 MS. PITNEY: Objection. The

1 2 3 4 5

6 7 8 9

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STEPHAN 1 month? 2

A. I do not recall. I'm going 3 off of numbers within the past month or 4 so. 5

Q. Have those numbers gone down 6 in the past month or so? 7

A. There has been a decrease. 8 Q. Back in December, were you 9

signing in the range of 10,000 documents 10 a month? 11

A. I may have been. 12 Q. Back in August of 2009, 13

roughly, how many documents a month were 14 you signing? 1 5

A. I cannot estimate. I don't 16 know. 17

Q. Do you believe that it was 18 more or less than the number you were 19

STEPHAN document is prepared for litigation. And anything he does when he's preparing it is privileged.

MR. COX: Are you telling him not to answer'!

MS. PITNEY: I am. Tom. if you want to ask him about general procedures. which you have been, then I'm not going to object as much. But if you want to ask him about what goes into prepming. a document that was used for summary judgment. that's clearly prepared for litigation. and it's privileged and protected.

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

signing in December? 2 0 A. I'm going to assume, more. 2 1

MR. COX: I think you haven't heard my question. Julia. I'll state it again.

BY MR. COX: C .. f ~I] Q. And on a given day, I 2 2

understand an employee b1ings you a group 2 3 of documents for you to sign; is that 2 4 CO!Tect? 2 5

Q. When you receive a summary judgment document for your execution. is it accompanied by any other documents?

MS. PITNEY: My objection is

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1 STEPHAN 2 -- you can answer that question. 3 Jeff. 4 THE WITNESS: There are 5 times when it has the Complaint 6 connected. There are times when 7 it is brought to me just as the 8 affidavit. 9 BY MR. COX:

10 Q. When you say that there are 11 times when it comes to you with a 12 Complaint connected, you mean attached as 13 an exhibit? 14 A. Such as this one, yes. 15 Q. When you say "this one," 16 you're referring to Deposition Exhibit- I? 17 A. Yes, that is coiTect. 18 Q. Deposition Exhibit -I has 19 several exhibits attached to it; is that 2 0 correct? 21 MS. PITNEY: Could you 2 2 please tell me what the exhibits 2 3 that are attached are, because I 2 4 don't have the benefit of having 2 5 them in front of me?

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1 STEPHAN 2 THE WITNESS: Exhibit-A is a 3 copy of the note and the --4 MR. COX: Julia, this is 5 your summary judgment affidavit. 6 MS. PITNEY: I'm not 7 doubting that it is. I just don't 8 know what these other exhibits 9 attached are.

1 0 MR. COX: Don't you have 11 your copy? 12 MS. PITNEY: You're the one 13 verifying if they're the same as 14 the one I'm looking at, Tom. 15 THE WITNESS: Exhibit-S is 16 the mo11gage. Exhibit-Cis the 1 7 assignment of note and mortgage. 18 Exhibit-D --I believe we're 19 looking at the demand, or the 2 0 breach letter. And those are the 21 four documents that are connected 2 2 to this affidavit of summary 2 3 judgment. 2 4 BY MR. COX: 2 5 Q. In your usual practice, are

1 STEPHAN 2 those exhibits attached to the affidavit 3 at the time that you sign them? 4 MS. PITNEY: O~jection.

5 You're asking about a document 6 that was prepared by an attorney. 7 Anything that comes with it that 8 he's asked to review is 9 privileged -- the communication

1 0 between a client and an attomey. 11 Do not answer the question. 12 BY MR. COX: 13 Q. Mr. Stephan. would you 14 please look at Paragraph 3 of Exhibit-!. 15 Do you see there the statement: That a 16 true and coJTect copy of which is 17 attached hereto is Exhibit-A'? 18 A. Where arc you looking'? 19 Q. Paragraph 3. Do you see 2 0 that statement? 2 1 A. Yes. I do. 2 2 Q. When you sign an affidavit 2 3 such as Exhibit-!. are the exhibits 2 4 attached to it? 2 5 MS. PITNEY: Objection. A

1 2 3 4 5 6 7

8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

STEPHAN document that's provided to him by an attorney is privileged.

MR. COX: Are you telling him not to answer that question'?

MS. PITNEY: Yes. I'll say again. Tom, if you would like to ask him about the facts that are in the affidavit, the details about this loan -- which I might remind you involves a woman by the name of Nicole Bradbury -- then I'm sure Jeff will answer your question?

MR. COX: Well, he has the affidavit in front of him in this case. And the affidavit which he swore to says a true and COJTect copy of the note is attached to it. And I'm asking him if that document was attached to it at the time that he signed it.

BY MR. COX: Q. Would you please ans\vcr that

question'?

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1 STEPHAN 2 A. To my knowledge, I do not 3 recall. 4 Q. Is it your usual business 5 practice to have exhibits attached to 6 affidavits that you sign? 7 A. Yes. 8 Q. All exhibits? 9 MS. PITNEY: Object to form.

10 THE WITNESS: I do not know. 11 BY MR. COX: 12 Q. When you sign a summary 13 judgment affidavit, do you check to see 14 if all the exhibits are attached to it? 15 A No. 16 Q. Does anybody in your 1 7 department check to see if all the 18 exhibits are attached to it at the time 19 that it is presented to you for your 2 0 signature? 21 A No. 2 2 Q. When you sign a summary 2 3 judgment affidavit, do you inspect any 2 4 exhibits attached to it? 25 A No.

1 STEPHAN 2 MS. PITNEY: Could you 3 repeat the question, Tom? Did you 4 say-- or can you have it read 5 back, please? 6 (Whereupon, the pe1tinent 7 portion of the record was read.) 8 MS. PITNEY: Object to the 9 form.

1 0 BY MR. COX: 11 Q. What happens to an affidavit 12 in your depmtment after you sign it? 13 MS. PITNEY: Objection. 14 What happens to the document 15 afterwards is -- it's in the 16 course of litigation. The same 1 7 objection as I said before. Where 18 it goes is privileged. 19 MR. COX: Where it goes is 2 0 not a communication. It is not 21 privileged. 2 2 MS. PITNEY: You don't know 2 3 that. 2 4 MR. COX: Pardon me? 2 5 MS. PITNEY: You don't

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1 STEPHAN 2 necessmily know that. 3 MR. COX: The physical 4 movement of a document ts not a 5 communication. It's a fact. 6 BY MR. COX: 7 Q. My question to you is. where 8 does a summary judgment go after you sign 9 it'?

1 0 A. After I sign it. it is 11 handed back to my staff. My staff hands 12 it to a notary for notarization. It is 13 then handed back to my staff. They send 14 it back to the network attorney 15 requesting any type of affidavit. 1 6 Q. So you do not appear before 1 7 the notary; is that correct? 1 8 A I do not. 19 Q. What does your staff do with 2 0 a summary judgment affidavit. such as 21 Deposition Exhibit-!. after it receives 2 2 it back from the notary'7

2 3 A They go into our LPS system. 2 4 close out process. stating it's being 2 5 sent back to --

1 2 3 4 5 6 7 8 9

STEPHAN MS. PITNEY: Objection.

Sorry. I don't mean to inteJTUpt you, Jeff. I'm going to instruct you not to answer anything else. because you've already testified that the LPS system is the means by which you communicate with your attomey. The attorney/client communication is privileged. So don't continue to answer the question.

Actually, if there is no question. pending. I'd like to take a brief break to discuss something with Brian Fleischer.

(\\'hereupon, a short recess

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was taken._J {r _ 1 , I S BY MR. COX. -

22 23 24 25

Q. Mr. Stephan. do you recall testifying in your Floiida deposition in December that you rely on your attorney network to ensure that the documents that you receive are correct and accurate?

A That is correct.

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STEPHAN 1 2 Q. And is that, in fact. the 3 case? 4 A. Yes. 5 Q. And your department does not 6 do any independent accuracy check of 7 those records; isn't that correct? 8 MR. FLEISCHER: Objection as 9 form.

10 THE WITNESS: Can you 11 rephrase? 12 BY MR. COX: 13 Q. Your depm1ment does not do 14 any independent check of the accuracy of 15 the information on the summary judgments 16 coming to you; isn't that cmTect? 17 A. I review, quickly, the 18 figures. Other than that, that's about 19 it. 2 0 Q. Do you recall testifying in 21 your Florida deposition in December, that 2 2 the affidavits that you sign are not 2 3 based upon your own personal knowledge? 2 4 A. I do not recall. 2 5 MS. PITNEY: Objection to

1 STEPHAN 2 the form. 3 BYMR.COX: 4 Q. You do not recall that? 5 A. I do not recall. 6 Q. When you receive a summary 7 judgment affidavit from one of your staff 8 members, what do you do with it? 9 A. I will first review it

1 0 against our computer system, which is 11 Fiserv. in general te1ms, to verify that 12 the figures are conect. And then I will 13 execute it and hand it back to my staff 14 to have it notarized. 15 Q. You say "in general terms" 16 you review it. What do you mean? 1 7 MS. PITNEY: Objection. 18 THE WITNESS: I compare the 19 principal balance. I review the 2 0 interests. I take a look at the 21 late charges. I look at the 2 2 outstanding escrow amounts. When 2 3 I say "general terms," I mean I'm 2 4 not looking at the escrow and 2 5 breaking it down to the penny.

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STEPHAN 1 2 I'm saying. yes. it looks correct 3 in my computer system. 4 BY MR. COX: 5 Q. Is there anything else that 6 you look at in your computer system when 7 you're signing a summary judgment 8 affidavit'? 9 MS. PITNEY: I'm sony.

10 couldn't hear the last part of 11 that. 12 BY MR. COX: 13 Q. Is there anything else that 14 you look at in your computer system at 15 the time that you sign a summary judgment 16 affidavit? 17 A. The only other thing I 18 can --19 MS. PITNEY: One second. 2 0 Arc we talking about the computer 21 system. the communication system? 2 2 I just was asking for 2 3 clarification of--2 4 MR. COX: Let me clarify it. 2 5 MS. PITNEY: What computer

1 STEPHAN 2 communication system Tom was 3 asking him about. 4 BYMR.COX: 5 Q. You testify that you go into 6 the First Serve (sic) system: is that 7 CO!Tect? 8 A. Yes. Fiserv. 9 Q. Fiserv. Do you go into any

10 other computer system at the time that 11 you're signing a summary judgment 12 affidavit'? 13 A. No. 14 Q. And you just testified that 15 you look at principal, interest. late 16 charges and escrow: is that correct? 17 A. That is conect. 18 Q. Is there anything else that 19 you look at in your computer system when

61

2 0 you're signing a summary judgment . 21 affidavit') (} ~ I ·- I '<; 2 2 A. The only thing I review. 2 3 other than that, is who the bOITower is. 2 4 Q. When you receive a summary 2 5 judgment affidavit to sign. do you read

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1 STEPHAN 2 every'paragraph of it? 3 A. No. 4 Q. What do you read? 5 A. I look for the figures. 6 Q. That's all that you look at 7 when you sign a summary judgment 8 affidavit? 9 A. Yes, to ensure that the

1 0 figures are con·ect. 11 Q. Is it fair to say then that 12 when you sign a summary judgment 13 affidavit, you do not know what it says. 14 other than what the figures are that are 15 contained within it? 16 MR. FLEISCHER: Objection as 17 tofotm. 18 MS. PITNEY: Objection to 19 the f01m of the question. 2 0 THE WITNESS: Please 2 1 rephrase. 22 BYMR.COX: 2 3 Q. It fair to say that when you 2 4 sign a summary judgment affidavit, you 2 5 don't know what information it contains,

1 STEPHAN 2 other than the figures that are set forth 3 within it? 4 A. Other than the borrower's 5 name, and if I have signing authority for 6 that entity. That is correct. 7 Q. The practice that you've 8 just described for signing summary 9 judgment affidavits is the practice that

1 o you use signing all summary judgment 11 affidavits that you handle; is that 12 correct? 13 MR. FLEISCHER: Again. I'm 14 going to object to the form of the 1 5 question. 16 BY MR. COX: 17 Q. Is that COITect'? 18 A. The practice that I use for 19 sutlliTh:'lry judgment affidavits is the same 2 0 practice that I use for all affidavits. 21 Q. And that's the one that 2 2 you've just described? 23 A. Yes. 2 4 Q. Is any part of your

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2 5 compensation at GMAC Mortgage tied to the

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i. STEPHAN 2 volume of documents that you sign·> 3 A. No. 4 Q. Is any part of your 5 compensation tied to the volume of 6 documents that your department processes·.> 7 A. No. 8 Q. Is it your understanding 9 that the process that you follov.· in

1 0 signing summary judgment affidaYits is 11 in accordance with the policies and 12 procedures required of you by GMAC 1 3 Mortgage') 14 A. Yes. 15 Q. Does GMAC do any quality 16 assurance training for your department? 17 A. Presently. no. 18 Q. Has it in the past'? 1 9 A. I do not know. 2 0 Q. You don't recall any'! 21 A. l never received any. 2 2 Q. Do you have any memory of 2 3 checking the numbers on the Bradbury 2 4 affidavit that's in front of you as 2 5 Deposition Exhibit-!'?

1 2

3 4 5 6 7 8 9

10 11 12 13 14 15 16 17

18 19 20 21 22 23 24 25

STEPHAN A. I do not recall. Q. If a loan has been modified.

does that show up in the Fiserv system that you look at'?

A. When you say "modified," are you stating a loan modification?

Q. Yes. A. Yes. Q. Does that show up? A. Yes. Q. If a loan has been modified.

is any information put in the summary judgment affidavits that you sign about that'?

MR. FLEISCHER: Objection. Are you talking about modified. or his term was loan modification. l just want to make sure we're clear.

MR. COX: That's fine.

BY MQ.R. COX: Q . i ·- I '1 If there's a loan

modification, does information about a loan modification appear in the summary

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1 STEPHAN 2 judgment affidavits that you sign? 3 A. I do not know. 4 MS. PITNEY: In all of them, 5 or in this one? 6 MR. COX: In any of them. 7 THE WITNESS: I don't know. 8 BY MR. COX: 9 Q. Based upon your testimony,

1 0 Mr. Stephan, is it COITect that when you 11 sign a summary judgment affidavit, such 12 as Deposition Exhibit-1 that is in front 13 of you, you don't know whether any 14 portion of it is true, other than the 15 paragraph containing the numbers that 16 you just described; is that conect? 17 MS. PITNEY: Object to the 18 form. Tom, are you asking him 19 about this affidavit? 2 0 MR. COX: Well, he's 21 testified that doesn't recall 2 2 signing this particular affidavit, 2 3 so that was not my question. Let 2 4 me restate it. 2 5 BY MR. COX:

1 STEPHAN 2 Q. In your practice of signing

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3 summary judgment affidavits, Mr. Stephan. 4 is it correct that they always have a 5 paragraph containing the numbers of the 6 amounts claiming to be due? 7 A. That would be con·ect. 8 Q. And is it conect that when 9 you sign those affidavits, you don't know

1 0 whether any other part of the affidavit 11 is true or conect? 12 A. Please advise me. What do 13 you mean by "any other part"? 14 Q. Any other paragraph, other 15 than the one containing the numbers. 16 A. I review it for the due 1 7 date, if that's included in there. 18 Q. So all of them--19 A. So that would be the 20 numbers. 21 Q. So other than the due date 2 2 and the balances due, is it correct that 2 3 you do not know whether any other part of 2 4 the affidavit that you sign is true? 2 5 A That could be con·ect.

1 STEPHAN 2 Q. Is it correct? 3 A. That is correct. 4 Q. And isn't it also cmTect 5 that you do not check the numbers on 6 every single summary judgment affidavit 7 that you sign'? 8 A. That is not con·ect. 9 Q. You check every single one'1

10 A. Yes. 11 Q. How long does it take you. 12 on average, to process the execution of a 13 summary judgment affidavit '1

14 MS. PITNEY: Ohject to the 15 fonn. 16 MR. COX: Please answer. 17 THE WITNESS: Anywhere from 18 five to 10 minutes. off the top of 19 my head. 2 0 MR. COX: If we can take a 2 1 break. I may he done, but vve can 2 2 take a break for five minutes. 2 3 (Whereupon. a short recess 2 4 was taken.) 2 5 BY MR. COX:

1 2 3 4 5 6 7

8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

STEPHAN Q. Mr. Stephan. refeiTing you

again to the bottom line on Page I of Exhibit-!, it states: I have under my custody and control. the records relating to the mortgage transaction referenced below.

It's coiTcct. is it not. that you did not have in your custody any records of GMAC at the time that you signee\ a summary judgment affida,·it 0

MS. PITNEY: Objection to

the form THE WITNESS: I have the

electronic record. I do not have papers.

BY MR. COX: Q. You have access to a

computer. Is that what you mcnn° A Yes. Q. You have no control over

that system, do you? MR. FLEISCHER: Objection as

to form. BY MR. COX:

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1 STEPHAN 1 2 Q. You have no control over 2 I have read the foregoing transcript 3 that Fiserv computer system, do you? 3 of my deposition given on .I une 7. 20 l 0. 4 A. No, I do not. 4 and it is true, correct and complete. to the 5 Q. And someone else within GMAC 5 best of my knowledge. recollection and belief. 6 is responsible for ensuring the accuracy 6 except for the corrections noted hereon ancl/or 7 of that system; isn't that cotTect? 7 list of corrections. if any. attached on a 8 A. That would be correct. 8 separate sheet herewith. 9 MR. COX: I have no further 9

10 questions. 10 11 MR. FLEISCHER: We're done, 11 12 Julia, unless you have something 12 JEFFREY STEPHAN 13 to add. 13 14 MS. PITNEY: No. 14 15 (Witness excused.) 15 16 16 17 (Whereupon, the deposition 17 Subscribed and sworn to 18 concluded at 11 :45 a.m.) 18 before me this day 19 19 of . 2010. 20 20 21 21 22 22 23 23 0lotary Public 24 24 25 25

71 73

1 1 2 INDEX 2 CERTIFICATE 3 Testimony of: Jefti·ey Stephan 3 I HEREBY CERTIFY that the witness

4 By Mr. Cox ......... 4 4 was duly sworn by me and that the

5 5 deposition is a true record o!' the

6 6 testimony given by the witness. 7

7 8 8 EXHIBITS 9 9 10

10 Susan B. Berkowitz. a 11 NO. DESCRWI'ION PAGE 11 Registered Professional Reporter 12 and Notary Public 13 Affidavit 3 12 Dated: June 9. 20 I 0 14 August 5, 2009 13

15 14

16 15

17 16

18 17

19 18 (The foregoing certification 19 of this transcript does not apply to any

20 20 reproduction of the same by any means. 21 21 unless under the direct control and/or 22 22 supervision of the certifying 23 23 reporter.) 24 24 c . I~ 25 25 ·- I -

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sor & P\ssociates Rcp<J~i·os. ~nd Trlln:sc.rip~i·MJ, lnc,

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA

CASE NO. 50 2008 CA 040805XXXX MB

GMAC MORTGAGE, LLC,

Plaintiff,

-vs-

ANN M NEU A/K/A ANN MICHELLE PEREZ; DOUGLAS WILLIAM NEU;

UNKNOWN TENANT (S) IN

POSSESSION OF THE SUBJECT

PROPERTY,

Defendants.

DEPOSITION OF JEFFREY STEPHAN

Thursday, December 10, 2009 1:00 p.m. - 2:30 p.m.

Consor & Associates

1655 Palm Beach Lakes Blvd., Ste. 500 West Palm Beach, Florida 33401

Reported By: Jamie Reynolds Bentley, Court Reporter Notary Public, State of Florida

Consor & Associates 1655 Palm Beach Lakes Blvd., Suite 500

West Palm Beach, Florida 33401

(561)682-0905

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

sor & Associates

1 APPEARANCES:

2 On behalf of the Plaintiff:

3 ALEJANDRA ARROYAVE, ESQ.

4

5

6

7

Lapin & Leichtling

225 Alahamra Circle

Suite 800

Coral Gables, Florida 33134

(305) 569-4100

8 On behalf of the Defendant:

9 CHRISTOPHER IMMEL, ESQ.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Ice Legal, P.A.

1975 Sansbury's Way

Suite 104


(561) 798-5658

Ph. 561.682.0905- Fax. 561.682.1771

Page 2

c --2-~ 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

sor & Associates

Page 8

1 ultimately sign and execute?

2 A. They would review the document that is given

3 to them through our computer systems.

4

5

Q.

A.

Okay.

So they don't actually prepare it per se.

6 They review it for the accuracy of what type of entity

7 I'm signing as.

8 Q. Okay. How many different entities do you sign

9 as?

10 MS. ARROYAVE: Objection: Form.

11 BY MR. IMMEL:

12

13

14

15

Q.

A.

Q.

A.

Can you name what entities you sign

I sign presently as MERS.

Okay.

And under MERS as vice president or an

16 assistant secretary. Also, I sign for GMAC Mortgage.

17 And to be honest with you, it's too many entities for me

18 to actually quote under GMAC. But it is as a limited

19 signing officer.

20 Q. Okay. And earlier you stated that right now

21 it's GMAC, LLC.

A. Uh-huh. 22

23 Q. You do still currently sign documents as GMAC

24 Mortgage, LLC?

25 A. Yes, I do. c -;<-3


sor & Associates

Page 14

1 they have other responsibilities?

2

3

A.

Q.

They have other responsibilities.

Are any of the members of your team, people

4 that also notarize documents that you execute?

5

6

A.

Q.

Yes.

Yes. Okay. Is there a job requirement that

7 certain employees become notaries?

8

9

A.

Q.

I don't know.

Okay. And what type of -- what level of a

10 type of employee would it typically be that is a notary?

11

12

A.

Q.

I don't know that either.

All right. Does the company pay for the

13 process of becoming a notary or the renewal fees?

14

15

A.

Q.

Yes.

Okay. If a notary feels that they are being

16 asked to notarize something that's done improperly, is

17 there a process which they can, you know, raise that to

18 anybody's attention?

19

20

A.

Q.

I honestly don't know.

You are not sure. Do you notarize any

21 assignments of mortgage or other documents yourself?

22

23

24

25

A. No.

Q. Are you a notary?

A. No. C-~-4 Q. How are witnesses ordinarily chosen?

,_ .. , .· ... ·.· . -:-:-


sor & Associates

Page 13

1 information.

2 Q. So the attorney creates these documents and

3 you are relying that the attorney is correct?

4

5

A. Yes.

MS. ARROYAVE: Objection: Form.

6 BY MR. IMMEL:

7

8

9

Q.

notarized.

A.

Q.

the hall?

A.

Okay. And then they are required to

Are they notarized in your office?

Yes.

Is the notary present with you or is

The notary is in the same department.

be

it down 10

11

12

13 Q. Same department. Okay. Are they physically

14 present when you (sic) notarize this -- or when they

15 notarize and then you execute it?

16 A. No, they are not physically present. But I

17 will I do deliver them to the notary.

18 Q. All right.

19 A. And I wait for them to notarize it to hand

20 them back to my team.

21

22

23

24

25

Q. Okay. All right. What department then? You

said your department?

A. Right. C-;)._-t; Q. And as part of their job responsibilities,

would notarizing be their sole responsibility, or do


sor & Associates R~rarlling nn1t Tii'.:tn~crip~it:.:n, l;nc,,

Page 15

1 MS. ARROYAVE: Object: Form.

2 Chosen for what?

3 BY MR. IMMEL:

4 Q. The witnesses to, say, the assignments of the

5 mortgage, and the witnesses of things that you execute.

6

7

A.

Q.

They are just chosen randomly.

Chosen randomly. Okay. Approximately how

8 many days a week do you spend executing assignments,

9 affidavits, and the various documents that you execute?

10

11

A.

Q.

Five.

Five. Okay. Are there any specific days

12 where it's one day these types of documents, this type

13 of documents, or can it be just a mix?

14 A. It's a mix.

15 Q. Okay. Approximately how many documents would

16 you say are presented to you by your team at a given

17 time? Is it one at a time, or ten at a time?

18 A. It is done in bulk.

19 Q. Done in bulk.

20 A. I could not quote you the exact number.

21 Q. Okay. Going back to the signing officer as

22 Mortgage Electronic Registration Systems, you said that

23 you are -- you sign as both vice president and as an

24 assistant secretary?

25 A. That is correct.


I

sor & Associates

Page 16

1 Q. Is there any basis for one -- you sign as one

2 versus the other?

3 A. The majority of the time I sign as a vice

4 president. Most times we do not need an assistant

5 secretary, unless they are asking for a second signature

6 on any type of an affidavit or assignment.

7 Q. Okay. And, again, you are not paid by MERS.

8 Do you hold any other responsibilities with MERS that

9 would be consistent with having the title of a vice

10 president?

11

12

A.

Q.

No.

No. Okay. So you don't attend any board

13 meetings for MERS?

14

15

A.

Q.

No.

You don't report to the secretary of MERS or

16 any other people at MERS?

17

18

A.

Q.

No.

How did you become a MERS representative? Did

19 you request to be a vice president of MERS?

20 A. I received the responsibility as being the

21 team lead for document executing. It was assigned to me

22 by our legal area. c-- ;)._ .... 1 23 Q. Okay. All right. So your responsibilities as

24 a vice president of MERS to execute the assignments is

25 really your job perspective, or an aspect of your job at


·or & Associates

Page 17

1 GMAC Mortgage, LLC or GMAC, LLC?

2

3

A.

Q.

That is correct.

Okay. And you've never been to any MERS

4 offices or their headquarters?

5

6

A.

Q.

No.

Are you aware of why you were given the title

7 of vice president versus assistant secretary or ...

8

9

A.

Q.

No, I'm not aware of that.

Okay. All right. I have here the assignment

10 of mortgage which you executed in this case.

11

12

13

14

A. Okay.

MR. IMMEL: I'll enter that as Exhibit A.

(Defendant's Exhibit Letter A was marked for

identification.}

15 MR. IMMEL: I have a copy for you, as well.

16 THE WITNESS: Thank you.

17 BY MR. IMMEL: I

18 Q. In the top left-hand corner it says, Record

19 and return to offices of Marshall C. Watson.

20 Based on your earlier statements, it's

21 accurate to say that attorneys at Marshall C. Watson

22 created the information on this document?

23

24

25


THE WITNESS: That would be correct.


Case: 3:10-cv-00748-wmc Document#: 4-5 Filed: 11/30/10 Page 1 of 5 e e

....

II ----------~H~F~N~O~T~E~----------/

Loan No; 046100106582 Data !D· i!U Bam:nYCJ: WENDY ALISON NORA

ADJUSTABLE RATE NOTE MIN: !OOOH70461106582l (UBOR Sbt·Mor.ttb Index (As PnbUabed la The Wall Stn>tt Joumti)-Rate Capl)

TIDS NOTE CONTAJNS PROVISIONS AlLOWING FOR CHANGES IN MY I.NTEREST RATE AND MY MONTHLY PAYMENT. THlS NO'I'E LlMlTS mE AMOUNT MY INTEREST RATE CAN CRA.NGE AT ANY ONE TIME AND THE MAXIMt1M RATE I Ml.'ST PAY.

JllliC 5, 2002

L BORllOWER'S PROMISE TO PAY

MADlSON !Oily)

69!1 OLD SAVK RD MADISON, WISCONSlN 53711

{Prof*tV A~)

WlSCONSIN [Sultj

m rel\lnl for a loaD that I baYe rccetved, I promuo to pay u.s. S l35,900.00 (!.hil amount ts call~:".d 'P'tineipal'j, plus interest, to lhe oroer of Leader. Lender is AEGIS MORTOAOB CORPORATION. l will make au payments o.oder this Note Ill ~ tonn of wll, Qlfltk or money ol(Jcr.

J lllldemaDd tbal Leader may U'IJllfe.r th.il Nocc. Lcndlr or aD)'Otle who takes thi1. Note try tnnsfer an<! who Is t'.IIUtkO to rw:tYo p&}'Ule:DU tl4dcf this Note is Cl.lled lbe "Note Holder.' ·

2. IN'J'EJmiT msetal Will be d!IIJC'l Ollllllpald prtndpallllltil tho full llll011llt of Prtllcipal lw be(:~! paid. l will pay tntcmt

11 a year1f rate of &610 if!. 1'1lo bnerest nt.e 1 will pay may cbanae Ill aaxmlance with Section 4 of thi5 Note. Tbt ltl!Cte$1 rate JCOtWCd by thb Sec:Uou 2 aDd Sec:tion 4 ottbis Note is the rate I will pay both t>efore and

akeJ 1.111 dollult d~bc4 111 Section 7(8) vr um Note. . Sold)' ror thD pi:IJ'pOMI of computing lnteR:iSt, a monthly payment r((e)ved by tbe Note Holder within 30 days

pnor to or attcr the 4ate It 11 d\le will be deemed to ~ paid 011 web clue date.

3. PAYMENTS (A) 'Ibn aDd Plate ol ~ I v.ill pay prindpal and Interest by tll.Uing a payment every month. l wt11 mate my monlhly J!IYIII=U on the flist day ot eacb month bcglnniiJg on Allg'0$1 1, 2002.. 1 Will mue

tbeso paymeuu eve.ry month \ltltil I have ~d an of the principal and l!nerest and any other charg~ d~bed t-elow tbat IIDI)' owe uodcr !hit Note. Eac.b monthly paymcllf Will be applied to iiJterest before ?ri.ncip;~l It, on July 1, ~ l rtlll owoamouu under thtJ Note, 1 will pay th0$<1 amounu In tuU on that date, wb.il:t) u called the 'Mar uri tv Date.• ·

f v.ill make my monthly paymeuu. at 5208 WEST RENO, SUITE :m, OKLAHOMA em·. OK 7Jt27, or at 1 dl!fcreut piKe It requtrccl by the Note Hotder.

IIJUJIIIIIIIIIIIIIHIIIDIIIIfUllli~~ f'Pt i b if D

llNJTh\LS: cv,r9 D-1

Case: 3:1 o-cv-007 48-wmc Document #: 4-5 Filed: 11/30/1 0 Page 2 of 5

e e

Lou No: 046100106$82 Data 10: 826

(D) Atllollltt of M7 l.olUal Moothl)' ~ts E&cll ot my lnltill rnonlhly paymenu Will l>e In the amount of U.S. S 1,055.57. This amollnt may change. (C) McmtlliJ Pafm\!llt Cbanaes Ola~~ga ln ary monthly ~nt wW teDcet cballges in the unpaid prillelpal or my loan and in the tnterest

rtte that I mliSt pay. Th6 Note Holder Will dctctm.ille my new interest rate and the tbanged amount o( my monthly payment Ill accordance With SeCtion 4 or this Note.

4. 1NTEUST IU.TE AND MONTHLY PAYMENT CIW'IGE'S (A) Cblusp Dates 1lse iuwest J&te 1 wiU pay may change on tbe flrtl day of July, 2004. and on tlut day every 6th montb

t~. Bid! 4atc on which my intere'll rate could tbal:lge is called a 'Change Date.' (B) 1be ~tl BegilmlnJ with tho lint Owlp Date, rJJy lnUITC$1 rate will b<: bale4 Qll 1.11 l.odex. The 'l.ode:t' 1.1 lhe avcn~ge

of interba!U otrcte<S rates for 6i;( montll U.S. dollar-4t$1om.lnate<S 11epotlts Ill tho Lon4on ·market ("LrBOR "), u pllbliSbeci in The ·~n Street Journal. ~ most ~at l.o<IQ tigure a'l&lla~ as of tbc tint bwtnes.s day of the month illlllledl.atdy prcocd!n& tile molltb ID wbitb tho Ouulge Date ocwn Is called tbo 'Current lndex. •

If the lAde~ Is no longer IVIJill>te, tbe ·Note Hoklcr will r.boose· a new tMo:f that h based upon c:omj)313ble lnformaUon. The Note Hol4et will gtve me rwuco or tbis cbolce.

(C) ~(I( a.uaea Bdoruab 0\anto Dato, Ulo Note Holder wtU calculate roy new lntcre.it Tate ~c1111ng SBVBN Uld 485/100>

pon:cD!a&t polaiS ( 7A&5 ~)to U!e. OUtent lndet. The Note Ho\Oer will theo rounll the fQUII or this addiUon to Clio ncarat oao-dJhtb ot ouc pm:cn~:a~e point (0.125%). Subject to !be limits stated tn Section 4(D) below, thb JOIID4c4 amount will be my new !nte!'Qt rate u.uUI lhc l)(l:lt Cblag~ Date.

Tbe Note Holder wiiJ then detmnine the amolUlt of Ulc monthly payment thlt would be sufficient to repay the t.mpailS prtaciplllbal IIIII espectcd 10 0'1\'e 11 tbo Cbln~ Date in tun on l.he M.lturlty Date at my new interest rate iD illblwuillly equal payments. The reslllt oflhLt c:Alculation Will ~ tbe new amount of my monthly payment

(l)) LbDJta 011 racem.t aar.e ~ The interest rate~ I am required to pay at t.0c first Cbange Date Will not be greater tban l1.6100 % or ~~ than

8.6100 "- 'lbenllt!er, my inten:st rtte wW never be I~ or d~ on 8J1Y single Ow!gc Date by more than ONB potcelllaJC point (1.00 %) from tbc rate of lntcrt::Jt I have been PIYin8 for tbe prt«dtng 6 months. My tntUC;Jt me wfll D¢VU bo f~Jealcr than l.f-6100 *- or lc:6S tllan 8.6100 '>\.

(E) B1rldl1't Date ol ~ My aew fntetut rate wlU beCome etrective on Qth Owlgc Date. I v.'ill pay the &mOunt or my new monthly

paymeut lqituliq on the tint monthly paymCllt date after tbc Olange Date until the amount of my monthly payment dlep apin.

(F) NOCice ot Cbarlpa Tho Note Holder will dcUvcr Of nta.ll to 0!$ a not.lce or any cllangcs In my lnt¢«$1 rate and the amot~nl of my

monthly p&ysllellt bctoro tho effective date ot any change. The nouc.e will locluoe !n!onmtlon rtGulrc:a by law to bo &Nen to me and alsO tbc tltle I.Dd telephooc number of a pmon who will answer any question 1 may have reprdill& tho notice.

IINmAI:S: w±( D-2

Case: 3:10-ctJ0748-wmc Document#:- Filed: 11/30/1 0 Page 3 of 5

1...ou No: 046100106582 Data ID: 8"26

5. BORROWER'S RIGHT TO PREPAY IbM 1M ript to maltc p1Yf0C:nl5 of Printtpal at any ume before th~ are <lue. A payment of !'tin~ pal only

Is kDalw &$ a "Prepaymcnt • Wbet~ l make a Prepayment, I Will tell the Note Holder in writing th.a t I am <Join g so. I may 11014eslpto a paymem &$ a Prepayment if I have aot made a.ll the monthly p.ayrnenu due under thi$ Note.

r may INk. ruu Prepaym.ent or partial Prepaymcnl$ witllout payiDJ any !'repayment c.Jwge. lfttus Note lS not to dcftall, tu Note Holw will use mY, Plcpaymcnu to. rc411(C !be amount of Principal that I owe under this Note. However, the Noto Hol4er may apply my Prepayment to !.be acCrued and unpaid fntere=~t on the l'repaymelll amount before apply\Dg rsry Prepayment to recSuce tho Prlnelptl amount of lhl.! Note. If I make a pan!a.l Pri:P'ymcnl, lbeto wUl be ru> cba.1lgca U& the due datc;S ot my mont!Uy paymeau ~ the Note Holder agre« in writiDJ 10 tbosc dllll&e$< My partial Prepayment my recSucc tbe amollllt of my mon!bly payments afler lhe tlnt Cbango Date toiJollliDg '1/rf panl.al Prepaym«~t Howcvu, any reduetlon due to rirf parti.tl Ptepaymell1 may be o!bet try 111 lntctut nte' mcnase. 6. .LOAN CHARGES

U a Jaw, Wll.lcb. applla to tha loan aud wtlitll sets maxlmum loan dwgQ. f.! finally interpreltld so tl\&1 tbe llltctat or oilier toaA ~Jet colteetcd or to be collected In conncaion witl! thb loan exceed the J~mdtted llmtu, lbcG: (a) 1!1J luQ lOaD c.blrge lhlll be redu«4 by thO anlOW'!f lltc=al}' 10 reduce the dlarp;e to the pen:nltted limit; ud (b) aey 'WIIS alteady m~ from me that exoe.edecl permilled lilnlu will be refulll1ed to me. The Note Hokter may ebOole to lUke thil rc:tund by f\ldudng tM Principal I ~ ll!ldct tbi.s Note or by m.U;Jng a dlret1 pa)'IJlelll to 1110. H 1 relr.lcd rOdu«:s Prtndptl. the re®ctlon 'llriU be treated as a partial Prepayment

7. BORROWER'S FAILUJUl TO PAY AS REQUIRED (A). Lltw CbarJa rot Orcrcluc P111Ult:ntl If the Note Holder IW DOt rcceivc<l tbc full amount or lilY 100nthly ptymcnt by tile end or 15 calendar days

art~ tM date it is due, l will pay a 1a1e charge to the Note Holde:. The amount of the cbargc Will be 5.00 % of my OYefdllc paym~111 o! pdllt:ipal and intere$t. l Will pay thiS llte c.b.ugc prompr.ly bot only 011~ on each late payment.

(B) DtlluJt (f l do DOt P'Y the tuJIIlDOIItll Of ea(;b monthly payment on tbe date II lJ due, I WUl be In default. (C) AcceJmlloG Ill am Ill dcfalllt. tbc Note Hot<ler Dll)' without notice or delDAtlll, olll<:M 0Uie!Wi$e rcquiml by applicable

law, RqliUo 19 ro pay ln!mealattJy t.bc full amount of Principaltllat hu not been paid and all Interest th.lt 1 owo: on \llat IDIOUIIt.

(D) No Wamt B7 Note BoWer BvQ II, at a lime WbCD I am m def.ault, tho Note Hol4er dots not reqUite me to pay immediately lo Ml a.s ~ ab<M:, lbc Note Holdclr will still .b.ltvc tbo rlgbl to do so lf ! am In defaUlt at a tater time.

(E) l"aJJDeat of Note Holddi Colli aod &pensu H tbe Note Holder IIU teqlrifed 100 to pay l.mrnediatcty in full as d~ 100\'e. tbo Note Holder Will have

!be ri&flt to be paid baci by me for 111 of lu co.ts and ~ In enforcins this Note to the c:uem no1 prohibited by appHcablc law. 'Jllo$e expense$ llldude. tor cumplc, reasonable auorneyi' fec:s ot l S.OO% or th~ tunu llll1: ~et lllb Note or·the IIIWUDI allowable unacr applicable atate law.

V-3

Case: 3:1 0-cv-007 48-wmc Document #: 4-5 Filed: 11/30/1 0 Page 4 of 5

e e

l..oan No: 046100106582 Data lD: 826

8. GMNG OJ NOTICFS Unless applicable law requires a different methOO. any notice lbat must t>e given ro me under thl~ Note Will

be pyen by delivering II or by mailing It b)' fint da.ss mail to me at tbc Property Addre.u above or ut a oifreren t ad4rcss I! I give the Note Holder a notice of my different addrt$i.

Ullka the Note Holder requires a different method, any notice tb4t m\131 be given to the Note Holder under Ibis No~a w!U bo giVen by m&!Ung It by first dass mail to tbc Note Holder at the address stateo ln Sect1on J(A) 1boYe or at 1 4iffereat addreu if I am given a notice of lbat <litter tnt addre.u.

9. OBUCATIONS OF PERSONS UNDER TIDS NOTE It more tban one penon sips tbls Note, eteb puson Is tully and personally obligated to keep all of the ~ mado tn thiS Note, inellldlnlJ the P"'misc to pay t~ lull amount OW«\. Arry penon Who u a guaramor, ~or a40rser of this Note b abo obllpt.eO.to do these thl.op. Atiy person wbo takes O\"ef these obllgalion.s, llld1ldin& tho obllgauou of 1 gvarutor, !Ufet)' or eDdoneJ or this Note, is aho obllptecl to keep all or the promi.sel Jllldo in this Note. The Note Hol4cr may cnton:c its righl! under this !"<Ole against etcll penon lndi~'idu~ly or apfnst au or liS together. This mc:ans tbal any one of U$ may t>e required to pay all or the amounts owe4 under thb Noll!.

lO. WAlVERS I llld any other penon wbo hu Obligations unuer this Note waive the rtghu of notl~ of ~leration.

Ptese4tment i\114 Notice of Dilbonor. •Presentment• muns tb¢ right to require the Note Holder 10 demand payment of lmOIIllts due. •Notk:e ol Oubooor• means tbe ri,glu to require tbc Note Holder 1o give notice to other pcnona !hat amouoa dvc have not been paili _ _

11. UNIFORM 8EC'UllED NOTE This Note b a unlform l.llsmunenl 'll>'ltb lim.lted variations tn som~: )urndictlons. In adlliUon to the protC(.'tioru

liveD to the Note Holder under thh Note. a Monps,c, Deed of 'Ihut, or Security Owl (the 'Seomty lmtrument'), dltect llle wno date as thU Note, prott:c:U the Note Holder from ?O$Sft>le lo:s.set th<lt aught r~u!t If 1 do no1 k~p the ~ that I make tu tbil Note. Tlult Security lnmument describe! how and under what roodltions J may bo teqlli~ to mue IIIIUiediato payment In full of &11 amounu I owe under this Note. Some of thO!C conditions read as l'olkM:

naut'tr ol fbc Pf'Optl't1 or a knetdallnteresl In Bof'f'O"ft', As U&ed in tbu Section 18, 'Interest in tho Propenf meao.s aay legal or beneficial Interest In the ?ropeny, tncludtog, but no1 lllnlted to, thQS¢ bendlda.l interats uansferrCI:lln a bood tor deed, contract !or doed, installment l>liiQ conuact or esaow agttetncnt, the Intent of wblcb b I be tnnsfcr of Iitle by Borrower at a future date to a purt:i\uer.

U au or any part o! lhe Property or any lntcre5t tn the Property is sol4 or nansferrcd (or it Borrower is 11011 wural pMOll and • beneficial !ntete$1 In Bo!TO'II-or is sold or transferr~) willlou\ Lender's prtor WritteA roiiStl.lt, Under m.11 require lmmedil!a payment in tuU of aU rums $C(;1Jre(l by thll Se<.:urity IDsti'Wileat. However, thtt option s!WJ aot be cxerdKd by Lender H such e.1:erree i!l proh!bhM bY APPik:ablc !..lw. Lender liso slall not e:ren::Ue this option tt: (&) Borrcwer cause1 to be submitted to Lender tnlOnutioll reqllired l7y lAnder to evaluate the Intended transkr~ u il a new loan wcre being made co the ~and (b) l.elldcr fWOAlbly <fetmn.!Jies tllat Lender's 6ecutity will 1101 be Impaired by the Joan ISIW!IptiOl! eel tbat the rlst of a breach of any rovenant or agreement In this Security lrutrvment 15 acocptablc 10 ~dcr.

1b Ult Clt#lll pcnnllled by AppUcable Law, Lender may cbargc 11 rea.wnal>le re.e as a condition to Lend~·• consent to tbc loaD assumptiOn. Lender also may ~uire the transferee ro sign an assumption apeement that II aa:.cptablc 10 LeDder and that obligal~ the trnnsfer~ ro ~ecp au !he promUC$ and llfetlntnfl made In the Note an4 lo lhU Security lulnlril~nt. Borrower will rontinuo to be obligated uoder the Note and this St:turity instrument unlel$ Lender re!Cll$0$ Bonov.-er in writing.

.Case: 3:10-00748-wmc Document ·-5 F.iled: 11/30/1 0 Page 5 of 5

!.Nan Ho: 046100106582 Data ID: 826

Wl1'NBSS THB HAND(S) AND SEAL(S) OF nrE UNDERSfONED.

(Sign Original Onlyf

PAY TO THE ORDER Of

Case: 3:10-cv-00748-wmc Document#: 4-6 Filed: 11/30/1 o Page 1 of 6

Lx;an No: 016HXH0658'2 Botfower; WENDY i\L!SO~< NORA

AHJUSTAHLE RATE ,"lOTE

TillS NOTE CONTAINS l'ROVlSIONS <'d Ul\VJNG rOH Ul.\Nl.d>~S !:" t,1y lNTl:HFST HATF AN{) MY MONTHLY PAYMENT. TillS NOTE U~ms TIIF ,\'\HJLI;"'T :'\1Y t"'< ~ HH>:s r HATE CAN CHANGE AT ANY ONF: TIME ,'I.ND Tllf MAX!MU\1 HYIT! MUST PI\Y

June 5. :!002 MADISON

L UOtl.ROWEH'.S PROM15J~ TO FAY 1n ret\lfl! for Hloan lha\ ! h:>Yc received, 1 prombc tu pay t-' S S l35,90:HX.l (iiHs <~m• ;;pi!· ,·:.•tkd '"rinupci' 1,

plWi interc.>l, w the or<Jcr of LenGer. Lcndt:r ~>AEGIS MORTI:JAOE COi~PORAflON. 'v,m rrukcc all payrnl.·m~ tmder this Note in tl\c form of ta;;h, check or mMey onln

i underst:md that L~.:ndcr mny lranskr 1hi~ Nmc. LcN\cr m <myvnt. who \I>k<::; tw N,•;•: "'' tnH>:iiU 0n1; who is cmitled w rc,eiv'; pJytnvnl.:> un•kr llns N<H'', 1:' c:dl<:"J lln· 'Nt··lc Hnhkt •

z. lNTERl'..ST lntcres' win he charged on unp;lid pnnctpal ugid n~c fuit ~~:ThJun~ or Pdrtt'ip:d h4.\ :-:·r<~ n p~~H;. ·xtll Fay H1~(.fC~~

ala yearly raH: of K6W ':!(!. T)1~: imt:rc.st wte l will p:w ma) in :t(<.:uhhno: "''''·, :-;r•:;:··•n ·I '>l i\11:. 1\;nc

The interest mtc rt~tp,l\fl:'.d by this St.:ctinn 2 i\i\l:.l St,;lion ,; ot 1hi:i t'iotc i'' th• fi1H~ i w•!i !'-'~· t•(•Hi (•<~~'~'~ :l<Hl

afler any default des(;rjbed In Stwlion '7(Bj of this Nul<:, Soie.ly fM the purpc;sc o( computtag !mere..~\. ;;, r;wnlll\y paym{!:nl rc.,'t:\\Td i:\ :he Ko\i: ! !PL!~·r wl1h!n }0 !.lay;;

prim to or after the daw ll b due will be uecmcd :o t'\': Nn! Ql'i :,ud• rhw •l:Hc:

3. PA\'MENTS (A) Time uod Plat:;: of t'l:ly1.m~nt8

I will p~y prlnctpl an<.! wt.:re.st by makwl; a paymeg; Cier.• mont11 l will make rny m<.m1hly f';'IJ111<:c!lls ou 1hc nm nl et;U: 0\Pfl\l; i't:gl,nrting ''n .-\uguo,t i, .'00/. l w1il ;:;;::....:

lh~l~ paymentS CVt.~iY rnonth untH i have pahl ~-~H 1)f the prH1(1pa~ oUHi intct·(:_-.}~ .t:1d !lilY r_~n}tf Jt.::S-tfi)<;d btl;_!\'-'

thai I may ow1,1 under this Nmc. Each monthly p~1)'1i1C!l\ \Villl.'t apph('d w itHtlG~t ;.wforc ?t indn:1l lf, nn July t, 11n2., I !illll owe arnounis under this Note, I Wlil pay lhns,; ~rnounts Hl full on n;;ct d;H•~. wiHd1 IS r;;llc\lti:c 'Ma;·,irm Da1e.*

I will m;d:e my mvmhl~ (Mymcnts at 5208 WEST RENO, SlJ!TE 255. U.KL<\H0:-..1<';, CITY. OK 7.1\27, (•r :H I) dHfefcill pl11r.c If re'.j'Uircd f.oy the Noll~ Holder

Mlli.J"'SfATE Arut.ISTAIRE RATE NO'fl:.{JUOf1 SOI~Otffi! fNOf:X lAS .P\JIJUSHEO IN HiE WAlt ';)'TREI:·r J<,1U}lN/J,} ~~ 1-..r~ Mtl\1 UNiFORM JNS'fHVMF.N'f M::dll\Mt.T)' t~ ~..c 1.: Gill.tiJ\11 Feu" .Jfi;?'O ~:01 (P/j(;u t c1.1 t Pvr;,n:

IIHUl~!!J! ~UI~ 111111~!1111111111111111!1 !!IIIIi II! 1~11111111111 /Ill [:- I

~t-It-£{£> ;·T G '

.. 0i.E.~J:L

Case: 3:10-cv-00748-wmc Document#: 4-6 Filed: 11/30/1 o Page 2 of 6

{!)) Amount nr My lnitHtl M(•nlhly Pnynwms E~at.:h {;f my lnlHul H1:(llHhiy r.:n~yrn·cn\,<; \\'itl ~){' ~n n;~:~ Jq·YIH5H~ cJ ~; 'S 1J)~:,,:; l T1; ;{:~'i:.!Uf:\ HU_\

(C) Mnnthly Ptt)mellt Chun~c~ t~hangcs tn o1y ITH:JfHhly payrncrn \VJH rt!He,·\ ~n the u~~pJtd p1 l~1n ;:n•.; iH t.hc !llir:;ft'';;

rate that I must p11y TIK ''i'o:~: Hnld(~f will dn•~if\1!!~<' ,..,. ··:n! ''i 'P\ 1\'f'l<l:;i\

payment in a..:cordrmt(' w11h S.;c<,on 4 n! this Note

4. lNTJ.::REST RATE A~D l'>Wroi'rHLY I'AYJ\!EKT CHAI'l;Cs

(A) Chnogil Dates 'flie interes\ title ! w\ll pay !lH\;1 Change on ttw Hr~,( d,W d lilly. 2lK.l4, :Hltl \'\\ lb\

thereafter. Each d;u,: <m w'11kh my tnlcrt:sl talc t<mld

fll) The Index Hcginl1ing with the iJPit Ct;~nge DaH~. my lnh:rcst r:!\l: "'''il h~: rU,\>;;d tlfl ;w intir'

t')f tnterbank off\· red ratrs t~)r ~:o: mortth LLS t1ntLH ,d,:ruJ;nU1:J~.:Jl putlli$hcd in The ·\\\lli :)n.;:cr .ht~Jrn:ll The !ll'.'ol \t'·'~'ll lndn month tnlmt4diutCJ?-' pr~t't.~JH1;4 ih;:· rr~;JrHh in · .. ~'hkn fh~· ChjfH.!Y 1:\sh; C(\.:t:i!':. ;\ c,;,\h:·\i ·t:_z:,

l( the 1nde.x l> nn iongc; :nailablr, Jh~o Nc\c Hnhkr <.•nil o:h••!'·C :; nccv uldn 1.

infonru:t1i'>rL ... n1\':" Note l-!tlh:h7r \v!!J ~pv{! n\c r~c~H::.; :)f .:.;h;;i:::r

(C} Culculatl\Jil of Chrmg.-s BefmG cadl Change !);He, ltlc Nr~tc Holtkr w1H .;.;l!,·vhtr;: my,,,;,,, tti\t.~rCM rnc t·" SEVEN a(Hl 4~5/1000

pt;rccntHge pnlnl~ { 7,.1SS '/1•1 \'-' \he Cmrcm ln~;l\:;;. Tht Nt•tt Ht'i\k! will rt;n, !>H!'>.\ <'w re• .dl the !lCiirt$t <mc·ttgbth ;>f (lln; pc;u:;Hagt~ pnim (n l "'!he IHHn·,

rourtt1cd UH\OUnt wiH br~ lny rH:tv H't\t';H~-~H ~att.~ unnl ttL: rh;\t f)1H'

~{1\e Note lioh1cr \\'10 1hcf1 JCiJ;nnint: the arr.~,.iuni t~~- tlH· t ~ 'lnthn~ f'J.,. :>.t .. n~ th,:.\ \"'" ;;d t~· . .t}~tHk;e:lt iD :t~pa\

lhc. unpaid principal that! ;nn cxp<.:ned lD m\\; ;n lh:: D~;t<: fn f1tll ,>n 11:c .\~:;L:;:!~ !Xuc .1i "\)' nnv :r:u:.tf.'\\ til!C in subSHl!Hlali; equal payrnents, Th~ H'.S\ll\ l'i lim (;',J(:lJl:itl<.'\1 ',Vj!( ht Hi~ ;],'W :Hti',i\F~l nj l~i\ mmi\11h r··l'l!\1')1'.(

(U) Llro!ts 'm ln1<liYSt Ih.ll¢ Chtm)~\'s 111e intcttl&t nne J ;;m l'Ci.J\!ifl:o !o p<l)' HI nw flr~l Dnte wi!i nul be •.;r(:;;';:r ;rnn 11 6100 %or 11.~'' .<I':.! !I

8 .. 6100 tJf} .. "l1tcre<ifter~ Irl\' in~CfC,:H rate \~ill ilCYt'f b·-.:: :DCf{:[t~t{j 1)~' t.ktH~a~cd nfl ;p}y ('htin~:c J)att by ~nu-rc ~ h2.n

ONE pcreentttge. p:nint. t .fJ] .r;,~~} !h)tn lh~ ra!C ~:f intt:tt..:-s.t 1 h;J'<i£: ht:cn ft'_;f Ut(: pn:u'd-i!J_i~ (} n~t''~'~f~~. f"·h in!C!C!>l tate wiU ncv~r t'e {:rvat>;;r lhan J,1.6Hli.l <;(,, •,l! It~.~~ il;;i:·, i\(,100 'X>

{:E) f.;{fectin' Hnt~ <:d C!tllnij>:&

~1;~ ncv1 inten:-.5t nnt'! \viH bttrOn\t effective ·~·>~t·h Cfu.H;;:;r}. !)aH! l {~viH ptr)" \ttt ~Jn1J,:;~)rt$ ;Jf rny 1\t;\~· n:onHtly pa;~n1e,r\I begtnn~ng on the Hna ntonthiy paJ1nt:nr •J3tc ~)i-ter ~h<.· Ch~\ngt! (J.Hc tJrH~; iht· JtH•.'!l:tH ur :ny n-1orHhh paymel\t tllimgcs again,

(F) Notke tlf CII;W~!.'S

'The Nntt~ Hnkler ""viU d-cHvcr or H1{!d torn~;~ ihY1i\,:1,; ·Jf :H~) t:hnngr..\~ HI n\\~ H1l\:H .. ~."'~ r.~~~.': ~·11Hi tht~ .nnotHH i,f tT\

mnnlhfy payment h.efor.;: tiH: ef~~::cnvc dnH.~ of dny ·~ f:t· nt.~ilct <w'ill ~n~-.·:t~!.h·. ·?~::~: ::.\n t'\' ~nw to be. give.n \0 JllC tHhf H!?10 th~ tnh: Ufhi {t:1eph0i~· ~HJ!Ut'f'f i~l ~t ptr1~ i1 ·~·.-h~! \\'ill ~'!;!.: .. v ..... ~t ,:;f" :{UCt~.li~!P ~ ffP\. .. h;n''l: n;:g;!rdlog nn: noucc

Mt1li1STATE IU)Jl.IS'ff<!~l£ RA1E w::rTt;.UOOfl SO<;-MOmH INO£)( (<\$ Pt!BUS<!EO ltl n!E Wlll.L S1'Bf:.Ei ~~~'l()flN.Mr ~ r~~ r.~ Uh~f01'1M UiSTmfM!i.Nf

~ tlv ~ ·~ '*' C"~ f.wm 1.n·'J H)l W"iJ" 2 ot.;; Pr;y,.JJ

Case: 3:1 0-cv-007 48-wmc Document #: 4-6 Filed: 11/30/1 o Page 3 of 6

5. UORROWER'S RIGHT TO PHEl't\Y I have \he rlg!H \0 rnnxc paymc:nb of l'rlnnpai ill Uft) I;mt; !.'d<H\' lbcv ;;rc \:de .~ r·•Y11!•:•;t q( i'fii\Uj':;i) {'iii\

~~known as a "Prtlfltl.}'mcnL" Wht:n l make a Prep,''~YllH:rn. i >\'til <dl •.h\' .;~me· fhJ<Llt:( :n th:J\ En!

1 may not dcsignaw a pay>rH~rH :>~ a Prq:J"ymen! tl ! h;~v,· no; FFi\k ;:d\ HH\ !H<>nt~m 1 may ntakc a h1H PrcFdy:nt::r~t (}r p~utial .~"rep~!YH\t,'.nt:) ~vHhr~nl . :1t1',, , ,_·tu: ~·.c H !\1is htHc 1~.

not in dc-fouh, the ~nte i'!Oidc.t t.vtO U:li;.~ tny Pr-cp;;yrrn:nL:t ;i) i'tihn.:c ~:;c Jln;.:•unt ~,.! ',h.1: l !.•\v:: tHTjtJ !1\j~,

N<;Hc. H<nvcvCr~ \ht:' Note t·!nil)C; rna.y ~'ppt~t' tny ~1 t¢p~~rn~z-r:l ~o !)·!' ,hc~:~td :;:111 ur:~:a,d arnoun! bclorc npptyH;g n1y ·P:tcp~lyrn\~rtl tH H?du..:c ~:tc ·'~n'J\~H\1 c:f tr~> !'repayment, the.rc v.•ll t;.:; tH.3 ':h<H1J',C.'> u1 the due d,H;.;~ nf my m:HH!>ir p:JV!!te'<l·. ,.,,;, .. , .. ll<. iL \\7Hlng to those t.hange.;. ~~y p1n~at Pn;payn1>Cn! rn:\y tciJu;:c Ht~~ ~HrL,JutH t)\ n~y :;!u:uL;y i~·.nah·nt:. :.lfh~r H·;~;. f;r~.t

Change Date f<>llt?W1ng my p;ntinl Prepayment However, any rt·d:H.i1on d\l<: to IY\} p;nt::t; r:F'] !':<: ,·iflsu ny an interest rntc: incn~c\lse.

6, ,LOM•I CIIARG ES H a ta'.V~ \Vh\tl1 apphcs to tiHS \t)an and \Vhich scg r;L1A1D:HHn i1X1H ( h~lfk:C:\. f';niln)' :ll!'~ffHt'':\ed >~J n~~:t~. n;c

tntcrcst O! (Hhcr to;.tn (~1;nz,e:, c(1HC~\cd or to tH; ~;nH:;(ttd H'i (QfHic:n<Jn \\ ;H1 tL~~~ L1~H~ C"t..:.t~<:£t tt1r: ~)V!t1td \cd lJ:nfLh. then~ (a) any such h;an (;harg.t·. thali be ;educ.c:.l t-y H'it. ;:nq.)LnH nt;r<"-~,~;H?' 1d :~.}~h~u,~ tf'<t.: 1,\h' i:r~·.nn:•J•~·J 1\n.H\

lH\d (b) any ~nms alre;~dy collecv~zl !HJm n11: til:H o:t.cc:dctl ltrnlh ''·Hi rr :tli:n'.lc.l ,,, t"(' rn,.- r--;r.;,:: Holder nnw •:tmnsc 10 m:.1kc Hll'> rdund bv ru!twln"' \ll<. !'nn:::p:tl l. r;,.,,. un,k: :h:'· Nt . ;r,:li'.ln;~ :•,rt·:< fH1)iment w' me. lf:: rr.\lH\<.1 rc<hn-r-' !'rint.:lpJl. lhc n::aunwn \Ylli l'" ucn;ol .. ,,, ,, p21rn;;' ~'·r.::p\Tcent

;, HORROWI::WS Fi\lLl.lHE TO PAY Mi HEQUIREO (A) Late Churyt~ for (henlu\1 l'tl)'filCUts

If \he Nolt. Hohkr t1:c'- nol rl:t"'~\Vcd th<: lu\! d\'\(1;Hll cf tmv murHlily p<nmrnr h 'he ,·;\il qf IS cikn·:l~!: z:;~v:. afH!-f tht..! date h is Uttr.~.., i \VtH p::ry .J Lite charec \C' :he ;~L'tt } j,_;kt~~-r. rlH. :UcH~;.n; UlC ~'·t!l trr. ) 00 (:~,{If

tl~'f QVCfdUC pH)'t\lt,~t\1 {'.[ pnnc~pa\ iHHJ intcn:&t. 1 W~~\ D~i\ \ht.'· U~{~ }1!.-t)Jnp!~\· {'<.U ~.lnl~; ,·,nee <;n t~h !'. L~!,t.

pa:mcnt (ll) tkfnult t( I do llGt p.ay the fuH (~fjHHHH i'lf .CilXh n1\ 1 i1thly p.Jyn1t:n; PD nv: ~kH<: H h c~·n,~:. 1 -.\..;~i l::l def3ulL (C) t\tt(.tterutlon If t am in JelauH, !ht r-;011.~ Holder may wi!hou: nmi~-c- m denwn<l, un\c<,;; \l!llcrw\'e r<:<p;irc(\ t•y appHc.:~bk

taw, require tne tn ft:JY {n'H11CtHa~ely the full arnotH:l fJf ~~rinclp~11 1!i.n\ hHs iH)t heeE ar1•J ~!11 uncrc:q ~!1;.H i c·~v.;.: on that. umnunt.

(lJ} No Wul~er By Nnl~ lblder Even i(, a1 zt tmw wiltn l am H1 lkf:ntH. Hw f'iqr,· H()ld~:r di.•es ll'.l\ it'<jwrc m;,; u~ r,,ry :lTlf!\~'JiaH~ly in ful: ;;s

dcs~libe(} above. the Nm0 Hnl\h:r will stm J\,1,<: 1\;;; d•> -:o H ! ;1m w dehul; "'' ,, ;,>rcr ume. (E) I'Uymem of Note Uol\kr"s Cu:.ts unll r~xpense:.

If the No1e Hol!ler has t<;;qu!red me tO pav inHnc,HJtdy in full il!i (!t>.~t:rlt;e\l :Jtm·;c. \h~ NoH· Hnl:Jer will na\'1)

the right to be paid batk by me for all of it'> Hi$l~ and c-'p>::nsc:; in enf<m:ing thii t'-'o':) w 'h<:· c'\!l)lH 11 m prnhlbttctl by apptic.abll~ l"w. Those oxpe.m.cs in~ludc, for <:::>::ample, n:asclfU<L'k am,rw;.i~'· fcc; of 1 \(X\'7'1- of 1hc surrh due undot this Note m !he ~mount <lllowabtc H11dt'r ;q;pl!c,!b\c W\\C bw.

MU~~'TATE AO.IUS'I'Mi.!£ AA'T£ NOT'f·UG<m S!Y,MOHHi 'HH.f'); <M P'Jil!JSHEO IN 'l'HE WAlt STl!fFf JO~.:JlHAif ~\J'! ~~~II!V\t$ f>Wl !JNIFOAM lN'S~llUMUH t.~ W t~'i)., ~ lc GWVt.'l h;rm ~$:1:0 1)01 ;t'aq<J.) d 5 Pi>t;(•1.l

Case: 3:10-cv-00748-wmc Document#: 4-6 Filed: 11 /30/1 0 Page 4 of 6

~- GIVING Of NOTICES Unlcs.s applicnl:lc l;rw rO.pHrt.'- a ;.Jif{ercrH ~'.V:\hn·J, mH tint nw•,\ h giver· ,,,

be g1-.:en by dt:!lvcrlng lt or by m:1Hing It by fHst tl~.ss \,(; n\t.: ;:; Uu.: nv ,·\;\;.1"'''-nddrt'.SS if l give the NotJC. Holder a nouct; ot my tlm~:H.:nt Ji.iuJt.'o

und<·::-- H:'\ ~~nrt~ ·.vil! :-·,t'c.>'> t." Ct at ,~ .:JlftCrttH

Unle .. '..s thl~ Nme 'Hu!lkr ,, di!fe.rent lN'illDd. ~nv nu:kc du! '1Juc:

\his Note, Wlllbe ftl\\.:n n j}v hnt d,.,,- mJ;: 1·• ''\'-' \\ ! lr·kkr ,;; ahHYC <Hat a dHTf'rcn~ nnt ~~1ve:n ~l ntt\1.-:e , .. ,~ i~·cd ·-it!'t :r:.TJ a•!dtt

9. OUUGATIONS OF i'ERSONS t!NilER TillS NOH: !{ more than ont: person :,1gns thi3 Nm<"., ·t:Jt/1 p;.Tson '' :mL) pr.rsnn:' l i-;

promlies made 111 t!Hs Nn1e, indu<ii!lf 111e pmnnst; w P'-~Y :t~<~ (>.Jli ••rnuum ;;wr:d !ttnctv or emlor.;(,:r of thl~ Nnw ,, abo oohg;*;d 10 vo :nest' !rw·p,> incluiHng the ohllgauon.1 o! a gu;,r;;mor, ometv <lf cn\.inrse:· made in this No1c. The Note Hnl<lcr may enrow.: H~ ngaimtt all of us \ngt.:thcr Th;:; means lllal ;1ny •Jn( nr "~

iht~ Nt.HC

l!.l. WAfVERS t and any other pe:r:-;t•n ".t'.\7 h:~s oblig;Hum:< t;rdcr Hli.; ;·..;Ill<: ''~nvc

Pn!$entment and Not1c.e o! lJi;,hoiWL 'f'r~\~t'l\\!\1t:n:·· mean~ 1!"' 'o payment of ;mm!.mL'i uuc. 'Nmitc. of Dish<mor'' ):Ji;;;t;1s 1hc rigtu to «''JUHc n.r: persons that <1mount> du" htW<.1 lHH b;.;(:.n p11id.

t L tJNWORM HI~CUH.EO NOT1.;

~~~~i!}?():vr-1 h'J !"5,-eet) nH nt tf\<:. . . ;--.:J~n "~·t;q IS ~ goar~rn\o{,

p(,; '~(.lp

-.1mnclllS O"Atd

This Note Is a l.lliiform mstrurncrH \''llh llnilt.J \:lfia!ion;; m '"Jrnt lUil~<.l!nicu, w. 4.;UH1Vl tn :he prnl(.ctJo;;.> given w the Note HoWer umlr:r thi> Now, a MPtq;ngc, Dn:d n! Trv~~. •>1 (k•·( <::n' ;nslnn:w:•:'; dated the !\ame d,11e 31< 1hh Noh':, pmtcc!:; Htt No:c Holdm !wrn l •.h "''l the promt.S~ lh>ll .l m£lKC n: tl1i;; Note, That Setunly lm!n:mt:n< ik~<.:rib~·s h:1,,. unJ wrn\ .:omhu·.n•, ! m:n· be required to fn;tkc in1111Cdl~HC pa)'1f~t:tH ~H fz:\i (}f ~lB ~H'I1'.,.1!.HHSc j pwe urHJ<.~r ltlh ~~ ':(, StJn~:_, of :hr;s.c cnndH:t'fLi

rt:ad a~ roi!<.Wr1>: Transfer of tht i'ror~erty or a lkn~:ti\:!al lnt•:re~t In Borrowtr. A~ 1.l~t0 lil ti·,i:• :Sec\:nn l:l, 'li>kH;;;\ m

the Property" means any lcg<ll or \1t:lltfH:ll.!l H1tcn:.)t in !In: l'roperty, lfli:l,FJinf;, tr\JI rw1 lnnn(:i) w. Hws<.: beneficial Interests tramfened in <1 llono for dcn1, cnna:ru for <lrtd. H!\Ull.lment s;;i.(',' c\)ntrilc! n: t>G>)w

agreement, lht: inlt:tH of whkh i~• HHi trnn>l'et t'f Hl\c by !Jqnuwcr :~t <> lv.nr!: d;n,· ~·) 0 pu:dg,sn U nH or -a.ny pnn nf thl:! Pr~.)ptt:t~!" or anv htacn:..--q 'O Pl~ L\ r1r ~~dn:~ft;;;c:.J (,_.,)1 f! Bnnc~A-\'t

iS not a naturnt pct~Ol) ~-l!HJ ~t P\:nen-\:ia\ HH(f0:-5\ in Bon~t\\'t"r t;-, :o.o!d r1r n:}·;-;s;cn~;;_;;~ \\:nL~'<~.=;1 LJ::tn~c;\ ~n:t:-: 'IA,.fittl:n con$en~, Urulcr n~~i)' 1~~,q~l1re innnet~DH' p;tyrtiCil~ Ll t~111 1-:i \~:: 1VHY) _.:c-~~,Hfi~ t:-}, tnl:, ~k\~t_;fi~7

lnstrcrnent. }·iowevct, ~lus. op~tr)n shaB not t1e tx-trcisc:"J b7' Lcuder :t ~\tc-f~ t·xcrchf h ptoh;t)\trd l1v Applicable Uw•. Lender ~~~o :;h;lllnot C:(\:ft:t>e ;l;:s opuon d: ra; Bo:-wwer <;.J'Joc~, 10 ~o,: '··;hwltNJ hl LcrHie.r infQmtatlon re<juired by l..eouc.r to e~vuluaw the lill~nded H<ll1~;!cre<~ u~ if a new k':;n were temg mar.lc w rhc tnu,sfcrcc; ami (b) LeNkr rc~lsonat>ly lktcrminc>$ lll:l\ L4cnricr\ ,:,ecurily wit\ no: h(: nnp<!HC<l. by lh~ !G.n< assumption and thin the risk of a ore,~ch Qf ony Ctlvcnarn m Jgre(:mcn( m ;h;:; Scr:mty 1ns1rumcm ~~ acceptable tl) L.;mkr.

'lb lh~ C:\li~nl pcrnHHCtt ~y /\ppHc..;t:ft~ L.-3\l;', L~·nC~r rn:\y <'lLUfC t\ i~~-J,~!\.>n:l·::-,h~ :~:c :\i, :\ (OnditnH1 1.c U!t1dCff'i consr.nt i.O ~h~.: to~tn a.\)urnptl<.HL Ls~n{itz- aisn tn;J\ l-2\tU!tc Htc u;.;;.,:;,(crc.:,~ t,, ;··l.~~n ~~n a~~:;urnr.;u)n

~~~:~~~:!:s '~~1~~1<;:-m \hr N;\h: ;111'1:1 \~~;:~~ S:~-~:;; :·::~;~~n:,:;~~;;~::~~ '\~~)/,:~',~:,~:,·::~~! ,~,::r ~;';:·.~:_, ·:il 'h: P'' ''"~'·c~ n'd':,':

tnu Nntc aad ~hi~ .s:.,;,:.uttty !n:r~nHiH~nt unh$\ lt:,~.:.h·r rt:h::\>~->.: Bc•rrt;\\!cr iH .,.,..rlq,;:~;

Ml.ll.:ITh1'1i.TE f\OJ\JS!"N~Lt: M't!: NO'f(-l.JltOR BOH.IONTH 'ND!;X 1,1\S P',JfRt~~H> IN '!Hi' WA;t STfl£f:l' JOUi.J.N.fU.)· ~ ~.fo:mlo M<e UNlf<l:fiM !.N'STm.lMWf .

~ tlf ~. ~ 4 0~ Forn :~s~ 1101 (F~<J'' < of s f'.1g~s'

ll'lTlJ\LS:

Case: 3:10-cv-00748-wmc Document#: 4-6

PAY TO HI£ OBD£H Of .. , A£$10ENTrAL FUNDING CORPORATION WllHOUT HtCOUHSf 1\f.GI' MOHTGAGf. COBPOf\1\T!ON

),_ ... l! .P I f rx) JLW,.J.&. __ _p., . .1 .. McCOY 1 sr;cm;r;;'IHY 1/

Filed: J 1 /30/1 0 Page 5 of 6

Mlil.11STA'ffi .NlJUSTAIJ.Ul Mn! NOTISA.Jfl.,Ol'\ S!X-MON1h t~(tlli:l< ~.iVOi PU!3!J~itlti) Ill f'W 'NAll Slnl:P .• :C:<)PJlAl.(· ~' ~~II'W Milo UNiFORM !W:lnJI.JMfJil ~by ~)(Jt"Q, f'~ & ~ ~:orr;'\ :Hii2\f 1101 ~Pu~ta .~1' S. Pn:t~":!J

Case: 3:1 0-cv-007 48-wmc Document #: 4-6 Filed: i 1/30/1 0 Page 6 of 6

'roR PURPOSES OF FURTHER ENDORSE!'.!ENT OF TH£ F0Ltt)W1NG nrsuwH:L• ~.'(IT! 'ALLONGE IS AFFIXED t\ND BECOMES A PERI•tA ·..;u,n PARr Ul SAiD ';OTE

POOL" LOANiD I !lllllllll!lllll lll!llll!lllm 1111: Ill! lUI

NOTE DATE: 00

60RHOWER NAME vVENDY' A NOH/>.

PROPERTY ADDHESS 693'! OLD SAUK HD. 'l•~.u:SON 'J\'l :iH 1 'i

The Sank of Ne-·N Yor~ inn>! Compan'!' N ;.., as svco::ss;>r \o ,IPMorgan Ci'.J'::\' B3nk. N ,'), as Tn.mlee Hesidsntial Funomn Company, LlC ff:a i<~~:s~,;:Jen\r<>l FuncJ:n,9 C·:J!p;JLl\:cc,

MIN SUMMARY

Summary

!000!47-0461106582-1

6931 OLD SAlJK RD MADISON, WI 53717

Reg Date

County

Prima!)' Borrower

Pool Number

Note Amount

Servicer

Custodian

Investor

Subservicer

Interim Funder

Originating Organization

Prope11y Preservation Co.

Batch Number Transfer Type

No Pending Batches!

J{einstatt'd or modified (option I), '\ot :tssigned hal'k to !\1EHS

06/1212002

Dane

NORA, WENDY

RASC2002KS5CONF

$135,900.00

MOM First Lien

QR

Investor Loan Number

Note Date

I 000440 ·Residential Funding Company, LLC

I 000573 ·Wells Fargo Mortgage Document Custody

1000545- RFC Trustee 03

1000474 ·HomeComings Financial, LLC

N/A

NIA

N/A

Status

Pending Batches

Transfer Date

N

i7o~925

Sale Dale

Page I of I

g:-- I

https://www.mersonline.org/mers/mininfo/minsummary.jsp?aux=5E694490C6392535FEC07CDC... 5/13/2009

MILESTONES for 1000147-0461106582-1

Description Date

RemstatedtMod (opt 1 ). 08'21 i2006 not assigned back to MERS

Foreclosure Status 08i21/2006 Update

Foreclosure Status Update

Foreclosure Status Update

Transfer Beneficial Rights· Option 1

Transfer of Flow Servicing Rights

1 Oil 012005

08/23/2004

09t10i2002

0710512002

Transfer Beneficial 07/03/2002 Rights· Option 2

Release Interim Funder 07/0112002 Interests

Registration 06' 12.'2002

Initiating Organization i Lser

lQ.QMl1 HomeCommgs Financial. l.LC

David Hansen

1000474 HomeComings Financial, LLC

David Hansen

1000474 HomeCommgs Financial, LLC

Elizabeth Hinton

10004 74 HomeComings Financial, LLC

Batch

I 000545 RFC Trustee 03

Batch

I 000147 Aegis Funding Corporation

Batch

I 00014 7 Aegis Funding Corporation

Batch

l.QQ.Ql.Qli GMAC Bank (I)

Batch

1000147 Aegis Funding Coflloration

Batch

Page I of 1

Milestone Information

MIN Status: Reinstated nr mod died (option I). not ass1gned back to :VI L R'> Quality Rt>vrew: I'

Mfl': Status-. Act1ve (Registered) Foreclosure Status: Foreclosure Pending (option ! ). n"Jgnecl to sen rcer Quality Rev1ew: :--:

MIN Stntus: A<.:tJ1·e [RegJStcredJ Foreclosure Statu-;: Reinstated or modifi~d (option 2)

Quality Review: N

MIN Status: Active (Rcgi~teredi Foreclosure Status: Fnreclosure Pend1ng (ortion 2), retamccl on :vlERS

MIN Status Act1ve (Regiqeredl New Investor: 1000545 RFC Trc~stee (13

Old Investor: I 000440 Re'ldentJal Fund1ng Clmpany. I.LC Batch Number: -1 I 4035 Transfer Date: 08·29'2002

MIN Status: .'\ctiYc (Regi~tered) New S.:n i~tT I 000440 Residential Funding Cnmrany. U C Old Sen•t-er: 1000147 Acgl'; Fund1ng Corporation New Subsemccr. 1000474 HomeComings Financial. LI.C Old Subservicer: None Batch Number: 35~ 14n Sale Date: 06.'28/200: Transfer Date: On.'2R ·2002

MIN St~Hus: 1\ctJYe (Regi>tered) New lnve•aor: I 000440 ReSidential Funding Company. LLC Old Investor: 1000!4 7 Aegis Funding CorporatiOn Batch '\umber: 35 I <JX.:J Transfer Date: 06·2~- ~002

MIN Status: 1\cti,·e megistcn:d) Old Interim !'under I 000 I OR Ci\1:\C Bank (I)

MIN Status: Acti\c (Rct:!Stcredl Servicer· I 00014 7 ,\et!l~ Fundinl! Corporation • •

r-- :).... https://www.mersonline.org/mers/mininfo/minviewmiles .jsp?aux=5 E694490C63 92 53 5FEC07C D... Si J3t2009


BEFORE THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

Wendy Alison Nora, Case No. 10-cv-748 Plaintiff AMENDED COMPLAINT v. JURY TRIAL DEMANDED

RESIDENTIAL FUNDING COMPANY, LLC, a Delaware limited liability company and wholly owned subsidiary ofGMAC-RFC HOLDING COMPANY, LLC, a Delaware limited liability company

RFC TRUST 03 Loan Pool Number RASC2002KSSCONF is a pool of investment securities managed by RESIDENTIAL FUNDING COMPANY, LLC,

GMAC-RFC HOLDING COMPANY, LLC, a Delaware limited liability company and wholly owned subsidiary ofRESIDENTIAL CAPITAL, LLC, a Delaware limited liability company,

RESIDENTIAL CAPITAL, LLC, a Delaware limited liability company, owned by GMAC MORTGAGE GROUP, LLC, a Delaware limited liability company which holds 99% interest and RESCAP INVESTMENTS, LLC, a Delaware limited liability company holds 1% interest






CEREBUS CAPITAL MANAGEMENT, LP, a private equities group, in partnership with GMAC FINANCIAL SERVICES, a private equities group, and is the owner of AEGIS MORTGAGE CORPORATION at the all times relevant to this Complaint,


Proceedings in the United States Bankruptcy Court for the District of Delaware Case No. 07 -11119-BLS by Notice of Claim only

GRAY & ASSOCIATES, LLP, a Wisconsin professional limited liability association, JAY PITNER, a member of GRAY & ASSOCIATES, LLP, MICHAEL RILEY, a member or associate of GRAY & ASSOCIATES, LLP, WILLIAM N. FOSHAG, an associate with GRAY & ASSOCIATES, LLP, BASS & MOGLOWSKY, S.C., a Wisconsin professional corporation, ARTHUR MOGLOWSKY, a shareholder of BASS & MOGLOWKSY, S.C.,

1

Case: 3:1 0-cv-00748-wmc Document#: 7 Filed: 03/01/11 Page 2 of 19

DAVID M. POTTEIGER, an associate with BASS & MOGLOWSKY, S.C., PENNY M. GENTGES, a shareholder of BASS & MOGLOWKY, S.C., JEFFREY STEPHAN, an employee ofGMAC MORTGAGE, LLC, KENNETH URGWUADU, a former employee of GMAC MORTGAGE, LLC, MANISH VERMA, an employee ofGMAC MORT AGE, LLC, AMY NELSON, a former employee ofRESIDENTIAL FUNDING COMPANY, LLC and YET UNNAMED CO-CONSPIRATORS,

Defendants

COMPLAINT FOR VIOLATIONS OF THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT AND VIOLATIONS OF THE FAIR

DEBT COLLECTION PRACTICES ACT (JURY TRIAL DEMANDED)

NOW COMES the Plaintiff, and for her Complaint against the Defendants above-named and yet to be discovered, and shows the Court.

1. This Court has jurisdiction under 28 U.S.C. sec. 1331 because the Plaintiffs claims arise under the laws of the United States of America.

2. This Court's venue is proper under 28 U.S.C. sec. 139l(a)(2) because the acts giving rise to the claims asserted herein were taken against Plaintiff in the course of litigation based upon false documents in the Dane County Circuit Court in Madison, Wisconsin in order to take her home, which is located in Madison, Dane County, Wisconsin.

3. Plaintiff is one of thousands of victims of violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. sees. 1961-1968) and the Fair Debt Collections Practices Act (15 U.S.C. sec. 1692, et seq.) by the Defendants name above, who have conspired to and engaged in direct action to, without limitation, deceive, defraud, intimidate, harass and deprive homeowners of their homes in foreclosure proceedings initiated without evidence that the foreclosing entity has the promissory note and lawfully assigned mortgages, rendering the debts upon which foreclosure is commenced unsecured. Furthermore, the foreclosing entities are without standing to seek the remedy of foreclosure, not being entitled to payment under the promissory notes and without lawful interest in the mortgage security upon which the foreclosure actions are commenced.

4. RESIDENTIAL FUNDING COMPANY, LLC (hereinafter "RFC") is a Delaware limited liability company and wholly owned subsidiary ofGMAC-RFC HOLDING COMPANY, LLC, a Delaware limited liability company. RFC has its primary place ofbusiness in the State of Minnesota at One Meridian Crossing, Suite 100, Minneapolis, Minnesota 55423. It uses a post office box located in Bloomington, Minnesota for its interstate fraud operations.

2


Its registered agent for service of process is Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

5. RFC TRUST 03 Loan Pool-Number RASC2002KSSCONF (hereinafter "THE TRUST") is a pool of investment securities managed by RESIDENTIAL FUNDING COMPANY, LLC and is joined solely for the purpose of a declaratory judgment as to its interest in Plaintiffs home. The loan pool is managed by RFC and RFC's primary business located is in the State of Minnesota. Because RFC manages the THE TRUST, it is will be served at the office of the registered agent for service of process for RFC is Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808 and at One Meridian Crossing, Suite 100, Minneapolis, Minnesota 55423.

6. GMAC-RFC HOLDING COMPANY, LLC, (hereinafter "GMAC-RFC") is a Delaware limited liability company and wholly owned subsidiary of RESIDENTIAL CAPITAL, LLC, a Delaware limited liability company. Its registered agent for service of process is Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

7. RESIDENTIAL CAPITAL, LLC (hereinafter "RESCAP") is a Delaware limited liability company, owned by GMAC MORTGAGE, LLC, a Delaware limited liability company which holds 99% interest and RESCAP INVESTMENTS, LLC, a Delaware limited liability company holds 1% interest. Its registered agent for service of process is Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

8. RESCAP's primary business location is at One Meridian Crossing, Suite 100, Minneapolis, Minnesota and it uses a post office box located in Bloomington, Minnesota for its interstate fraud operation.

9. GMAC MORTGAGE, LLC, (hereinafter "GMAC") is Delaware limited liability company and is a wholly owned subsidiary ofGMAC MORTGAGE GROUP. Its primary business location is at One Meridian Crossing, Suite 100, Minneapolis, Minnesota and it uses a post office box located in Bloomington, Minnesota for its interstate fraud operation. Its registered agent for service of process is Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

10. HOMECOMINGS FINANCIAL, LLC is a Delaware limited liability company and is, upon information and belief, a wholly owned subsidiary ofGMAC MORTGAGE GROUP, LLC, a Delaware corporation, which was absorbed by GMAC MORTGAGE, LLC in 2008 received Plaintiffs payments on her loan and charged her excessive fees and costs, refused her payments, forced her into the first foreclosure by refusing her payments, entered into a bad faith settlement agreement with her, ordered criminal trespass and damage to her home and uses a post office box located in Bloomington, Minnesota for its interstate fraud operation. Its registered agent for service of process is Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

3


11. GMAC MORTGAGE GROUP, LLC (hereinafter "GMAC GROUP") is a Delaware limited liablity company and is wholly owned subsidiary of ALLY FINANCIAL, INC., a Delaware corporation. It uses a post office box located in Bloomington, Minnesota for its interstate fraud operations. Its registered agent for service of process is Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

12. ALLY FINANCIAL, INC. is a Delaware corporation. It uses a post office box located in Bloomington, Minnesota for its interstate fraud operations. Its registered agent for service of process is Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

13. GMAC FINANCIAL SERVICES (hereinafter "GMAC-FS") is an international private equities group in partnership with CEREBUS CAPITAL MANAGMENT, LP, a private equities group. It has business locations in the U.S., Europe, Asia and the Middle East. Its primary business location for U.S. operations is in New York, New York. Its CEO is Michael A. Carpenter and the Summons and Complaint will be served upon Michael A. Carpenter, by personal or substituted service at Ally Financial, Inc. 200 Renaissance Center, Detroit, Michigan 48226 and at One Meridian Crossing, Richfield, Minnesota 55423.

14. GMAC-FS defrauded the United States Treasury by claiming to be the financing arm of General Motors but was actually substantially invested in mortgage-backed securities.

15. GMAC-FS adopted the name of ALLY FINANCIAL, INC. in 2010 in order to conceal the fact it continues to operate as a private international equities group after it received Troubled Asset Relief Funds (T ARP) to capitalize a bank holding company and create a bank with taxpayer funds as part of the U.S. Treasury-supported General Motors (GM) bankruptcy reorganization.

16. GMAC-FS now purports to be what Congress and the U.S. Treasury thought it was when the TARP funds were provided, to wit, the financing arm for OM's automobiles.

17. In fact, the TARP funds were used to fund the RACKETEERING ENTERPRISE as set forth herein, to wit: the fraudulent foreclosure ofhundreds of thousands ofU.S. homes.

18. GMAC-FS is joined herein because it continues to exist, upon information and belief, as a shadow entity to continue to obtain and disburse U.S. Treasury TARP funds and the proceeds of unlawful foreclosures ofU.S. residential properties to its unknown, largely off-shore equity beneficiaries in violation of U.S. securities regulations and prohibitions against money laundering. It is the top of the food chain of the GMAC RACKETEERING ENTERPRISE, with its partner, CEREBUS CAPITAL MANAGEMENT, LP.

19. CEREBUS CAPITAL MANAGMENT, LP (hereinafter "CEREBUS"), is a private equities group, in partnership with GMAC-FS is a private equities group which defrauded the

4

Case: 3:1 0-cv-007 48-wmc Document #: 7 Filed: 03/01/11 Page 5 of 19

U.S. Treasury with its partner GMAC-FS by claiming own an interest in General Motors but was actually substantially invested in mortgage-backed securities. It has business locations in the U.S., Europe, Asia and the Middle East. Its primary business location for U.S. operations is in New York, New York. Its CEO is Stephen A. Feinberg who will be served with the Summons and Complaint by personal or substituted service on Stephen A. Feinberg at CEREBUS offices located at 299 Park Ave., New York, New York 10171.

20. CEREBUS owns AEGIS MORTGAGE CORPORATION (AEGIS) which is in Chapter 11 Bankruptcy Proceedings in the United States Bankruptcy Court for the District of Delaware in Case No. 07-11119-BLS filed on August 13, 2007.

21. The United States Bankruptcy Court for the District of Delaware was never informed of CEREBUS' ownership interest in AEGIS.

22. The interests of CEREBUS [which is named for the mythical Greek three-headed dog that guards the gates to Hades (a/k/a Hell] continues to exist with its equity partner, GMACFS and is joined herein because, upon information and belief, it engaged in the GMAC RACKETEERING ENTERPRISE in order to take U.S. Treasury Funds and the receipts from unlawful foreclosures on U.S. residential property to its unknown off-shore equity beneficiaries. It is the top of the food chain of the GMAC RACKETEERING ENTERPRISE, with its partner, GMAC-FS.

23. The parties identified in paragraphs 4., 5., 6., 7., 8., 9., 10., 11., 12., 13., 19., 24., 27., 29., 30., 43., 45., 53., 57., 61., 63., 68., 72., 80., and 86., above and below, will be referred to collectively, from time to time, as the GMAC RACKETEERING ENTERPRISE, with which the remaining named and unnamed parties conspired to cause Plaintiffs injuries and damages and to procure hundreds of thousands of foreclosure titles to U.S. home, with the attendant damages to each family thereby foreclosed.

24. AEGIS MORTGAGE CORPORATION (hereinafter "AEGIS") is a Delaware Corporation which has been in Chapter 11 Reorganization Proceedings in the United States Bankruptcy Court for the District of Delaware Case No. 07-11119-BLS since August 13, 2007.

25. AEGIS will be served by Creditor Notice of Appearance and Request for Notice and Notice of Claim in the bankruptcy proceedings. AEGIS is protected from this action by the Automatic Stay. Plaintiff would have to move to Lift the Automatic Stay in order to bring AEGIS before this Court or proceed against AEGIS in an adversary proceeding in the United States District Court for the District of Delaware. (See attached Exhibit A.)

26. CEREBUS is not protected by the automatic stay in AEGIS' bankruptcy proceedings.

27. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC (hereinafter "MERS") is a Delaware Corporation which was created for the purpose of defrauding

5


homeowners (as to the identity of the holders of promissory notes and mortgages), courts (as to the real parties in interest in mortgage foreclosures), and local municipalities (in avoiding recording fees on mortgage assignments in the sum of billions of dollars nationwide) which conspired with the GMAC RACKETEERING ENTERPRISE to defraud Plaintiff, the Wisconsin Courts and the Dane County Register of Deeds. It has registered twice with the Delaware Secretary of State. It will be served upon both of its registered agents for service of process: Prentice-Hall Corporation System Inc., 2711 Centerville Road, Suite 400, Wilmington Delware 19808 for its 1995 entity and Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19808 for its 1999 entity.

28. AEGIS participated in the GMAC RACKETEERING ENTERPRISE through CEREBUS as the original lender to Plaintiff and procured Plaintiffs promissory note payable to AEGIS and created MERS as its nominee for Plaintiffs mortgage. MERS was formed for the purposes described at paragraph 27., above.

29. GRAY & ASSOCIATES, LLP, (hereinafter "FORECLOSURE MILL #1) is a Wisconsin professional limited liability association located in the metropolitan area of Milwaukee, Wisconsin and engages in a type of practice of law which has become known in commercial parlance as a foreclosure mill. GRAY & ASSOCIATES, LLP will, from time to time herein, be referred to as FORECLOSURE MILL #1 and is part of the GMAC RACKETEERING ENTERPRISE because it directly engaged in the racketeering activities. It will be served with process upon its registered agent, Duncan Delhey, personally or by substituted service, at 16345 W. Glendale Drive, New Berlin, Wisconsin 53151.

30. JAY PITNER, (hereinafter "PITNER") a member of GRAY & ASSOCIATES, LLP and is an adult resident of the State of Wisconsin. He will be served personally or by substitution of service at 16345 W. Glendale Drive, New Berlin, Wisconsin 53151.

31. PITNER prepared and recorded a fraudulent assignment of mortgage to RFC, executed by the now-famous robo-signer, JEFFREY STEPHAN and his trainer, KENNETH URGWUADU, both of whom were GMAC.Mortgage, LLC employee and both of whom fraudulently signed on behalf ofMERS as mortgagee of record for AEGIS on January 6, 2010. (See Attached Exhibit B)

32. The purpose of the fraudulent assignment of mortgage, as is the practice of the GMAC RACKETEERING ENTERPRISE in thousands of foreclosure actions commenced throughout the U.S., is deceive and defraud the homeowner, homeowner's legal counsel, if any, the courts, the Registers of Deeds and the public by fabricating a secured interest in homes where the GMAC RACKETEERING ENTERPRISE knows that it does not have lawful assignments of mortgages.

33. PITNER created the assignment of mortgage purporting to be assigned from MERS on behalf of AEGIS to RFC specifically to commence foreclosure proceedings against the

6


Plaintiff who knew that MERS did not have standing to foreclose against her home. In so doing he was a direct participant in the GMAC RACKETEERING ENTERPRISE.

34. PITNER knew or should have known that AEGIS was then and there in bankruptcy and could not have lawfully transferred any interest to RFC without approval of the Delaware Bankruptcy Court.

35. PITNER should have known that MERS did not have the rights to assign any greater interest than it had as a mere nominee of AEGIS, which was in bankruptcy proceedings and could not assign any interests it held in assets, but made it to appear that AEGIS authorized MERS to assign the Plaintiffs mortgage to RFC, LLC by creating a fraudulent assignment of the mortgage from MERS (a mere nominee) to RFC, LLC, through the signatures of JEFFREY STEPHAN and KENNETH URGW AUDU, as "Vice President" and "Assistant Secretary" of MERS respectively .

36. PITNER knew that JEFFREY STEPHAN and KENNETH URGW AUDU were not in the employ ofMERS and were not "Vice President" an "Assistant Secretary" ofMERS respectively because they were employees of GMAC Mortgage, LLC and worked at the office of GMAC Mortgage, 1100 Virginia Drive, Fort Washington, Pennsylvania, whereas MERS is located in Reston, Virginia.

37. It is clear from the face ofExhibit B that the fraudulent assignment of a bankrupt's party's interest was barred by the automatic stay.

38. It was eventually discovered by Plaintiff in late September, 2010 that the assignment (Exhibit B) was fraudulently executed by GMAC employees and was not an unlawful assignment of the bankrupt AEGIS' asset.

39. It is an essential element of of the GMAC RACKETEERING ENTERPRISE's pattern of conduct to deceive and defraud homeowners, courts and the courts and to conceal and obfuscate the identities of the owners of mortgage instruments.

40. The concealment and obfuscation includes a plan to defraud homeowners and courts using the concept of"holder in due course" to pretend that the successive imaginary mortgagees paid market value for the mortgage interest and take the interest without liabilitJ:" for claims against prior mortgagees.

41. As will be demonstrated below, the "holder in due course" fraud is created merely by using rubber stamps to create the impression that the note and mortgage have been transferred "without recourse" when in fact, in Plaintiffs case and thousands of other cases, the mortgage interests were placed into trusts consisting of mortgage backed securities and recreated as collateralized debt obligations and were not otherwise transferred to "holders in due course."

7


42. The fraudulent document passed off as the assignment of Plaintiffs mortgage was executed by a Pennsylvania notary. MERS is located in Reston, Virginia, but this fact was concealed from Plaintiff because the face of the assignment states that JEFFREY STEPHAN was "Vice President" of the assignor MERS signing on behalf of AEGIS and KENNETH URGWUADU held himself out as "Assistant Secretary" ofMERS signing on behalf of AEGIS.

43. JEFFREY STEPHAN was revealed to be a GMAC RACKETEERING ENTERPRISE robo-signer and is an adult resident of the State of Pennsylvania. He is employed by GMAC Mortgage, LLC in its Fort Washington, Pennsylvania office and will be served with process, personally or by substitution of service at GMAC Mortgage, 1100 Virginia Drive, Fort Washington, Pennsylvania. His home address is 42 Lenape Drive, Sellersville, Pennsylvania 18960.

44. JEFFREY STEPHAN and was trained to be a robo-signer by GMAC RACKETEERING ENTERPRISE employee KENNETH URGWUADU in the deposition taken by Attorney Thomas Cox in the Maine state court foreclosure action entitled GMAC v. Bradbury, et al., on June 7, 2010. That deposition is attached hereto in its entirety as Exhibit C-1 and constitutes an admission that STEPHAN and URGWAUDU were employees of the GMAC RACKETEERING ENTERPRISE, signing thousand of fraudulent assignments of mortgages each month.

45. KENNETH URGWUADU is an adult resident of the State of Pennsylvania and a former employee ofGMAC MORTGAGE, LLC. His home address is 1730 Ferndale Ave., Fl-1, Abington, Pennsylvania 1900 1.

46. The Bradbury deposition (Exhibit C-1) refers to an earlier deposition taken in the Florida state court foreclosure action entitled GMAC v. Neu, et al. That deposition, taken on December 10,2009 is an admission by an employee of the GMAC RACKETEERING ENTERPRISE that STEPHAN signed as Vice-President or Assistant Secretaty ofMERS even though he was not associated in any way with MERS. The attached portion of that deposition (Exhibit C-2) plainly states this aspect of the GMAC RACKETEERING ENTERPRISE and conclusively proves that Exhibit B, which was submitted to the Dane County Circuit Court, the Dane County Register of Deeds and the Plaintiff was and is a fraudulent document created for the the continuing GMAC RACKETEERING ENTERPRISE of committing fraud on Plaintiff, the courts, the Register of Deeds and the public.

47. The Bradbury and Neu depositions conclusively demonstrate that the GMAC RACKETEERING ENTERPRISE committed thousands of identical frauds throughout the nation for the purpose of taking homes in foreclosure using fraudulently documents.

48. The Bradbury robo-signing deposition became national news in September, 2010.

49. Plaintiff herself had been denied discovery by deposition in the second foreclosure

8


case by an incomprehensible order of the state court judge which stayed all discovery because he was "too busy" to rule on the GMAC RACKETEERING ENTERPRISEs' Motion to Quash Subpoenas Duces Tecum.

50. Therefore, Plaintiff could not have discovered that the assignment was fraudulent until the deposition of STEPHAN taken by Attorney Thomas Cox was released to the media in late September, 2010.

51. Plaintiff immediately notified the lawyers at Foreclosure Mills #1 of the nationallyreported proof of the fraud being perpetrated against her and thousands of other homeowners. She notified them on September 27, 2010 and asked them to cease and desist from proceeding on the fraudulently procured Summary Judgment, in which the false and fraudulent assignment of mortgage was submitted with the Complaint.

52. Nevertheless, Foreclosure Mill #1 and #2, which are a part of the GMAC RACKETEERING ENTERPRISE, have taken no action to dismiss the fraudulently documented foreclosure proceedings against the Plaintiff.

53. MICHAEL RILEY, (hereinafter "RILEY") is a member or associate of Foreclosure Mill #1 and is an adult resident of the State of Wisconsin. He will be served personally or by substitution of service at 16345 W. Glendale Drive, New Berlin, Wisconsin 53151.

54. RILEY and FORECLOSURE MILL #1 commenced a foreclosure action against Plaintiff in the name ofMERS in 2003.

55. RILEY settled the dispute by false promises on behalf ofMERS, knowing that MERS did not have the authority to settle the claim in furtherance of the racketeering conspiracy.

56. RILEY refused to accept Plaintiffs payments into GRAY's Attorney Trust Account pending resolution of the dispute over the settlement agreement, thereby creating the appearance of Plaintiff defaulting on the settlement agreement, whereas the settlement agreement was a fraud ab initio.

57. WILLIAM N. FOSHAG (hereinafter "FOSHAG") is an associate with GRAY & ASSOCIATES, LLP and is an adult resident of the State of Wisconsin. He will be served personally or by substitution of service at 16345 W. Glendale Drive, New Berlin, Wisconsin 53151.

58. FOSHAG refused to accept Plaintiffs payments into FORECLOSURE MILL #1 's Attorney Trust Account pending resolution of the dispute over the settlement agreement, thereby creating the appearance of Plaintiff defaulting on the settlement agreement, whereas the settlement agreement was a fraud ab initio.

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59. FOSHAG appeared on behalfofFORECLOSURE MILL #1 to oppose the rescission of the fraudulently procured settlement agreement described at 16., above, in furtherance of the GMAC RACKETEERING ENTERPRISE.

60. PITNER, of FORECLOSURE MILL #1, created the fraudulent assignment of mortgage in order to commence a second foreclosure proceeding against the Plaintiff as is plainly evident by the fraudulent assignment (Exhibit B) itself. It states Document Prepared by JAY PITNER/GRAY & ASSOCIATES, L.L.P.

61. BASS & MOGLOWSKY, S.C. is a Wisconsin professional corporation, located in the metropolitan area of Milwaukee, Wisconsin and engages in a type of practice of law which has become known in commercial parlance as a foreclosure mill. BASS & MOGLOWSKY, S.C. will, from time to time herein, be referred to as FORECLOSURE MILL #2. The registered agent for service of process Steven W. Moglowsky with an address of7020 N. Port Washington Road, Suite 206, Milwaukee, Wisconsin 53217. The data for the registered agent is out-dated with the Wisconsin Department of Financial Institutions and FORECLOSURE MILL #2 is 501 West Northshore Drive Suite 300, Milwaukee, Wisconsin 53217 and Steven W. Moglowsky will be served at that address.

62. When Plaintiff observed that the promissory note attached to the second Complaint for foreclosure against her home was identical to the promissory note recorded with the Dane County Register of Deeds and was endorsed by Aegis Mortgage Corporation, she moved to dismiss the second foreclosure brought by FORECLOSURE MILL #1. (Exhibit D.)

63. ARTHUR MOGLOWSKY (hereinafter "MOGLOWSKY") is a shareholder of BASS & MOGLOWKSY, S.C. and is an adult resident of the State of Wisconsin. He will be served, personally or by substitution of service, at 501 West Northshore Drive Suite 300, Milwaukee, Wisconsin 53217.

64. MOGLOWSKY and FORECLOSURE MILL #2 became co-counsel with FORECLOSURE MILL #1 in furtherance of the GMAC RACKETEERING ENTERPRISE.

65. MOGLOWSKY argued to the Dane County Circuit Court that Plaintiffs promissory note had been endorsed "in blank," notwithstanding the endorsement in favor of AEGIS .

66. MOGLOWSKY knew that the note was endorsed by AEGIS that the promissory note was not the type of instrument which could be endorsed in blank and separated from the mortgage instrument because to do so would render the secured debt resulting from the issuance of the promissory note and mortgage instrument unsecured.

67. MOGLOWSKY made the "endorsed in blank" argument in furtherance of the GMAC racketeering conspiracy to mislead the court in order to complete the second attempted foreclosure on Plaintiffs home.

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68. DAVID M. POTTEIGER, (hereinafter "POTTEIGER") is an associate with BASS & MOGLOWSKY, S.C. and is an adult resident of the State of Wisconsin. He will be served, personally or by substitution of service, at 501 West Northshore Drive Suite 300, Milwaukee, Wisconsin 53217.

69. On June 17, 2010, contrary to the "endorsed in blank" argument of MOGLOWSKY, POTTEIGER provided Plaintiff with the attached Exhibit E in furtherance of the GMAC RACKETEERING ENTERPRISE, which is a forgery.

70. Exhibit E is the second promissory note and is a badly photo shopped fraudulently created promissory note which is intended to defraud the Plaintiff and the Court that the promissory note was endorsed in favor of Residential Funding Corporation. It is clear that the previous endorsement in favor of the bankrupt AEGIS on Exhibit D, that the endorsement has has been recreated to contain appear to be an endorsement to Residential Funding Corporation. The AEGIS endorsement is overwritten and disappeared form the face of Exhibit E.

71. The second promissory (Exhibit E) also contains a fraudulently created endorsement from JPMorgan Chase Bank as Trustee in favor of Residential Funding Corporation which is wholly unnecessary in the endorsement chain because there is no purported endorsement from Residential Funding Corporation to JP Morgan Chase Bank as Trustee.

72. AMY NELSON, (hereinafter "NELSON") is a former employee of RESIDENTIAL FUNDING COMPANY, LLC and is an adult resident ofthe State of Minnesota. RFC is liable for the acts of NELSON in her capacity as its employee. NELSON will be served by personal or substitution of service at her current employment with HOME SAVINGS AMERICA: MINNESOTA at 35 East Broadway in Little Falls, Minnesota 56345. The home address of NELSON is being investigated. AMY NELSON is a very common name in Minnesota and she did not use her middle initial. She may live in Elk River, Minnesota or Champlin, Minnesota. If she cannot be served, it is not necessary for her to be served because RFC is liable for her fraudulent actions when she was in its employ.

73. Exhibit E takes the fraudulently created endorsement to JP Morgan Chase Bank as Trustee which is out of the chain of endorsements, the newly created endorsement already having been concocted to cover the endorsement in favor of the bankrupt AEGIS with the name of Residential Funding Corporation one step further.

74. Attached to the second promissory note (Exhibit E) is an allonge signed by Amy Nelson, fraudulently holding herself out as "Assistant Vice President of Bank of New York Trust Company as successor to JP Morgan Chase Bank, N.A. as Trustee and Residential Funding Company, LLC f/k/a Residential Funding Corporation, Attorney in Fact."

75. NELSON was at that time an employee ofRFC and was not an Assistant Vice President of Bank ofNew York Trust Company, N.A., nor was she Assistant Vice President of

11


RFC.

76. NELSON, STEPHAN and URGWUADU were all employees of the GMAC RACKETEERING ENTERPRISE.

77. None of the endorsements on the Exhibit E (the forged promissory note) contain any dates or warranties of authority, nor is a power of attorney attached.

78. Exhibit F plainly shows that the GMAC RACKETEERING ENTERPRISE had taken the mortgage given to AEGIS and given to MERS as mere nominee was put into the "RFC Trust 03" soon after the fraudulent transaction between Plaintiff and AEGIS closed. AEGIS' role in the GMAC RACKETEERING ENTERPRISE is described above.

79. As evidence of scienter, Plaintiffs access to the computer registration on the MERS system was blocked shortly after she presented the MERS data (Exhibit F) to the Dane County Circuit Court in connection with a renewed Motion to Dismiss the fraudulent foreclosure filed by Plaintiff on the basis of the forged promissory note provided to her by POTTEIGER.

80. PENNY M. GENTGES (hereinafter "GENTGES") is a shareholder of BASS & MOGLOWSKY, S.C. She will be served, personally or by substitution of service, at 501 West Northshore Drive Suite 300, Milwaukee, Wisconsin 53217.

81. GENTGES acted in furtherance of the GMAC RACKETEERING ENTERPRISE by moving to lift the automatic stay in Plaintiffs subsequently filed bankruptcy proceedings, knowing that RFC did not have a lawfully endorsed promissory note nor a lawful assignment of the AEGIS mortgage of which MERS was the mere nominee. She presented a version of the forged note (Exhibit E) in connection with the GMAC RACKETEERING ENTERPRISE's Motion to Lift the Stay in Plaintiffs bankruptcy case in the Western District of Wisconsin in Case No. 01-09-16622.

82. As evidence of scienter, GENTGES refused to file a claim in the name ofRFC in the Plaintiffs bankruptcy proceedings, knowing that to do so would constitute federal crimes of bankruptcy fraud, although she should have known that racketeering is a federal crime.

83. The GMAC RACKETEERING ENTERPRISE which includes its racketeering FORECLOSURE MILLS #1 AND #2 continue to proceed to take Plaintiffs home, notwithstanding the overwhelming evidence of their fraud, racketeering and unfair debt collection practices.

84. JEFFREY STEPHAN (hereinafter "STEPHAN") is an employee of GMAC MORTGAGE, LLC who participated in the RACKETEERING ENTERPRISE by signing the assignment of mortgage in Plaintiffs case as Vice President ofMERS, knowing that he was not an employee ofMERS nor its Vice President and, in claiming to hold that position, committed

12


fraud in furtherance of the GMAC RACKETEERING ENTERPRISE.

85. KENNETH URGWAUDU (hereinafter "URGWUADU") is a former employee of GMAC MORTGAGE, LLC who participated in the RACKETEERING ENTERPRISE by training STEPHAN to robo-sign and claiming to be Assistant Secretary of MERS, knowing that he was not an employee ofMERS nor its Assistant Secretary and, in claiming to hold that position, committed fraud in futherance of the GMAC RACKETEERING ENTERPRISE.

86. MANISH VERMA (hereinafter "VERMA") is an employee of GMAC MORTGAGE, LLC who signed an Affidavit in Support of Summary Judgment prepared by POTTEIGER who filed it in the GMAC RACKETEERING ENTERPRISE's second foreclosure lawsuit against the Plaintiff in furtherance of the frauds.

87. VERMA is an adult resident of the State of Pennsylvania and will be served with process, personally or by substitution of service at GMAC Mortgage, 1100 Virginia Drive, Fort Washington, Pennsylvania. His home address is 42 Lenape Drive, Sellersville, Pennsylvania 18960.

88. The VERMA Affidavit is perjurious in many respects, including the concocted amount of the Plaintiffs alleged indebtedness of which he claimed personal knowledge and VERMA swore under oath that the second promissory note is a true and correct copy of the original promissory note signed by the Plaintiff.

89. POTTEIGER prepared the perjurious Affidavit for VERMA's signature after telling Plaintiff that all he had to do to take her home was to prepare an Affidavit stating that the promissory note was a true and correct copy of the original promissory note and she could not disprove the facts asserted in the Affidavit that POTTEIGER and VERMA conspired to prepare in furtherance of the GMAC RACKETEERING ENTERPRISE.

90. Plaintiff repeatedly sought the production of the original promissory note, which was never produced.

91. FORECLOSURE MILL #1 and FORECLOSURE MILL #2 and its named individual attorneys acted at all times in furtherance of the GMAC RACKETEERING ENTERPRISE.

92. POTTEIGER, acting in conspiracy with VERMA, prevented GMAC Mortgage, LLC from providing Plaintiff with a loan modification under the RAMP Program in furtherance of the GMAC RACKETEERING ENTERPRISE.

93. POTTEIGER issued FORECLOSURE MILL #2's own trust account check to return Plaintiffs first payment under the RAMP modification offered to her by GMAC Mortgage, LLC.

94. GENTGES falsely represented to the Wisconsin bankruptcy court that HAMP was a

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Case: 3:1 0-cv-007 48-wmc Document#: 7 Filed: 03/01/11 Page 14 of 19

voluntary program, whereas all TARP funded entities are required to use all reasonable efforts to keep homeowners in their homes.

95. Plaintiff was at all times ready, willing and able to participate in the HAMP program pending determination of whether or not the promissory note and mortgage were lawfully endorsed and assigned, which they clearly were not.

96. POTTEIGER's action in returning the Plaintiffs first HAMP program and canceling her HAMP process was undertaken in furtherance of the GMAC RACKETEERING ENTERPRISE.

97. UNNAMED CO-CONSPIRATORS may be subsequently joined as their identities are uncovered through discovery in accordance with the Federal Rules of Civil Procedure

98. GRAY AND ASSOCIATES, LLP, PITNER, RILEY, FOSHAG, BASS & MOGLOWSKY, S.C., MOGLOWSKY, POTTEIGER and GENTGES are not entitled to qualified immunity from suit for their actions as the legal representatives of the GMAC RACKETEERING ENTERPRISE because there actions were fraudulent and lawyers enjoy no immunity from suit by the opposing party for fraudulent conduct in legal proceedings.

99. Plaintiff immediately notified the lawyers at FORECLOSURE MILLS #1 AND #2 of the nationally-reported proof of the fraud being perpetrated against her and thousands of other homeowners. She notified them on September 27, 2010 and asked them to cease and desist from proceeding on the fraudulently procured Summary Judgment, in which the false and fraudulent assignment of mortgage was submitted with the Complaint.

100. The GMAC RACKETEERING ENTERPRISE continues to proceed to take Plaintiffs home and thousands of other homes on the basis of false, fraudulent and perjured documents, while making false and misleading statements to Plaintiff, the courts, the Congress, regulatory agencies and the United States Treasury.

101. From the date AEGIS took Plaintiffs promissory note and mortgage on June 5, 2002 and nominated MERS as the register of Plaintiffs mortgage, the GMAC RACKETEERING ENTERPRISE intentionally and fraudulently concealed their unlawful conduct and the existence of their enterprise from the Plaintiff and intended to keep their unlawful activities secret from the Plaintiff, all homeowners affected by similar frauds, the courts and the public.

102. The GMAC RACKETEERING ENTERPRISE engaged in its fraudulent conduct which, by its nature, is inherently self-concealing and when Plaintiff would discover one layer of the fraudulent activity, the racketeering enterprise would create knew fraudulent and perjured documents to continue the practice of fraudulent concealment of the enterprise in an effort to avoid detection.

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103. By virtue of the fraudulent concealment by the GMAC RACKETEERING ENTERPRISE, the date from which the statute of limitations on any claim arising from any part of the scheme to defraud did not commence until the fraud was discovered in sufficient detail to allow the proper pleading of the racketeering frauds.

104. Additionally, each act of fraud has a statute oflimitations of six (6) years from the date of discovery thereof.

105. Plaintiffhas discovered more of entire racketeering fraud scheme when the Bradbury deposition was made public (and referred to the Neu deposition) at the end of September, 2010. (Exhibits C-1 and C-2)

106. As evidence of scienter, the GMAC RACKETEERING ENTERPRISE sought a protective order from the Maine court in GMAC v. Bradbury, et al. to prevent the disclosure of the Bradbury deposition, which protective order was denied and sanctions awarded to Bradbury for the frauds.

107. The GMAC RACKETEERING ENTERPRISE changed names of its various entities in furtherance of the racketeering enterprise to conceal its operations.

108. Plaintiffwas accidentally notified of the multiple racketeering fictitious entities which are involved in the GMAC RACKETEERING ENTERPRISE by a privacy rights notice mailed from the post office box in Bloomington, Minnesota and listing the Defendant fictitious entities and numerous other fictitious entities associated with the GMAC RACKETEERING ENTERPRISE on or about March 3, 2010.

109. The disclosure described at paragraph 108., above, was insufficient to determine the relationship between the tentacles of the racketeering enterprise and Plaintiff was ultimately informed ofthe relationship of the aspect of the GMAC RACKETEERING ENTERPRISE responsible for the frauds being committed against her by the filing of a corporate disclosure form filed in the Seventh Circuit Court of Appeals by RFC and GENTGES in October, 2010.

110. The disclosure form referred to in paragraph 109 is still incomplete, but did allow sufficient identification of the multiply concealed identities for Plaintiff to form this Complaint, along with information from her own records.

111. As part ofthe GMAC RACKETEERING ENTERPRISE, Plaintiffs efforts to make payments to the real party entitled thereto were repeated refused by RILEY, FOSHAG, POTTEIGER and GENTGES.

112. As part of the GMAC RACKETEERING ENTERPRISE, false late fees, false and excessive property insurance payments, attorneys' fees for the racketeering enterprise, payment of real estate taxes in violation of the 2004 settlement agreement which Plaintiff sought to

15


rescind for fraud, excessive interest, interest on the accumulating false charges were added to the Plaintiffs alleged indebtedness to the real party in interest which is still concealed by the fraud.

113. As an additional part of the GMAC RACKETEERING ENTERPRISE, the Plaintiffs payments to the racketeering enterprise were never credited to the loan obligation claimed on behalf of a yet unknown party in interest, believed to be RFC TRUST 03 Loan Pool Number RASC2002KSSCONF is a pool of investment securities managed by RESIDENTIAL FUNDING COMPANY, LLC.

114. As a further part of the GMAC RACKETEERING ENTERPRISE, RFC deregistered its securities to prevent the Securities Exchange Commission, the investors in the mortgage backed securities and the public from knowing the status of the fraudulently administered loans.

115. The de-registration of the RFC securities took place after Moody's discovered commingling of funds by RFC in conflict with the investors in the investment trusts and is further evidence of the fraud scheme of the GMAC RACKETEERING ENTERPRISE.

FIRST CAUSE OF ACTION: RACKETEERING

116. Plaintiff re-incorporates paragraphs 1. through 115. and specifically pleads that this court has jurisdiction over these proceedings under the Racketeer Influenced and Corrupt Organizations Act (RICO) at 18 U.S.C. sees. 1961-1968.

117. The facts set forth herein establish the GMAC RACKETEERING ENTERPRISE which creates false, fraudulent and perjured documents in order to defrauds homeowners, such as the Plaintiff, the Registers of Deed and the courts in order to fraudulently foreclosure on homes and to inflict injury and damages upon homeowners through a course of patten of conduct established for that purpose.

118. More than two acts of fraud as part ofthe GMAC RACKETEERING ENTERPRISE have been committed in Plaintiffs case alone.

119. Thousands of acts of fraud are established by the depositions attached hereto as Exhibit C-1 and C-2.

120. In the course of its RACKETEERING ENTERPRISE, the Defendants committed mail fraud.

121. Plaintiff is entitled to treble damages pursuant to 18 U.S.C. sec. 1964( c)and all other relief available under 18 U.S.C. sec. 1961-1968.

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Case: 3:10~cv~00748-wmc Document#: 7 Filed: 03/01/11 Page 17 of 19

122. Because of the extent of the fraud, Plaintiff was required to take time from other clients' cases to discover and disclose the frauds complained of herein and she should be allowed her actual attorney's fees for time spent on her own case as further damages.

123. Plaintiff has incurred court costs and litigation expenses over the eight (8) years that she has been subjected to the GMAC RACKETEERING ENTERPRISE.

124. Plaintiff is also entitled to actual attorney's fees under the RICO Act because she is an attorney and has commenced this case as a qui tam proceeding for the public benefit.

125. Plaintiff is entitled to costs and disbursements in this action.

SECOND CAUSE OF ACTION: VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT ("FDCPA")

126. Plaintiff re-incorporates paragraphs 1. through 115.

127. Defendants are debt collectors as defined by 15 U.S.C. sec. 1692a(6).

128. Defendants filed false, deceptive, misleading and perjured documents in connection with the collection of Plaintiffs alleged debt in violation of 15 U.S.C. sec. 1692e.

129. Plaintiff suffered actual damages from the violations ofthe FDCPA and is also entitled to statutory damages and reasonable attorney's fees in these qui tam proceedings for the public benefit.

DEMAND FOR JURY TRIAL

Pursuant to Rule 3 8( a) of the Federal Rules of Civil Procedure, Plaintiff demands a jury trial to all issues triable to by a jury.

WHEREFORE, Plaintiff requests the following relief:

1. Awarding Plaintiff title to her home free and clear of the fraudulent claim of the GMAC RACKETEERING ENTERPRISE;

2. Granting Plaintiff an injunction against the continuation of the GMAC RACKETEERING ENTERPRISE effort to take her home;

3. Awarding Plaintiff a declaratory judgment that RFC TRUST 03 Loan Pool Number RASC2002KSSCONF is a pool of investment securities managed by RESIDENTIAL FUNDING COMPANY, LLC is not entitled to any payment from Plaintiff because it did not lend her any

17


money, but rather loaned money to RFC Trust 03 or, in the alternative, declaring that the loan pool is obviously unsecured.

4. Awarding Plaintiff her actual damages for losses compensable for violation of FDCPA;

5. Awarding Plaintiff treble damages for violations of RICO for all of her losses, including but not limited to, pain and suffering, loss of economic opportunity, loss of prospective economic opportunity, payment for attorney's fees for her own time as an attorney in defending against the GMAC RACKETEERING ENTERPRISES and extensive litigation costs incurred over a period of eight (8) years of the continuing defense against the GMAC RACKETEERING ENTERPRISE.

6. Awarding Plaintiff statutory damages under FDCPA pursuant to 15 U.S.C. sec. 1692k.

7. Awarding Plaintiff all costs oflitigation against the GMAC RACKETEERING ENTERPRISE over the period of eight (8) years.

8. Awarding Plaintiff her attorneys' fees for any attorney whom she may hire to assist her in these proceedings under RICO and FDCP A and her own fees as an attorney for prosecuting this matter for a punitive damages award for the benefit of victims of the GMAC RACKETEERING ENTERPRISE.

9. Ordering joint and several liability against each and all of the members ofthe GMAC RACKETEERING ENTERPRISE, excluding AEGIS, but limiting the liability of the Wisconsin Foreclosure Mills to Plaintiff's damages and share of punitive damages.

10. Ordering punitive damages of$10,000,000,000.00 in order to fully deter the GMAC RACKETEERING ENTERPRISE from continuing its frauds throughout the nation and ordering that the punitive damages be paid from its cash reserves, exclusive of any federal bail out funding.

11. Ordering that the first amount of the punitive damages award up to the amount of an amount to be determined to be a fair allocation of the punitive damages award to Plaintiff and that the remaining balance of the up to $10,000,000,000.00 be paid to a Trust Fund to be administered for the benefit of all persons whose homes were taken by the GMAC RACKETEERING ENTERPRISE to a Trustee appointed by the Court (such a Kenneth Feinberg who administered the 911 settlement and is administering the Gulf Oil Spill settlement) to be distributed pro rata to the fraud victims on the basis of the fair market value of their homes at the time their homes were unlawfully taken by the GMAC RACKETEERING ENTERPRISE.

12. Excluding from the Trust Fund distribution all homeowners who recover funds in other actions and class action to the extent of their compensation from such actions up to the

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Case: 3:10~cv-00748-wmc Document#: 7 Filed: 03/01/11 Page 19 of 19

amount of the pro rata share which would be distributed from the Trust Fund.

13. Ordering that the balance of the punitive damages award, after Plaintiff's fair share, be paid to the Trust Fund be deposited in insured accounts in banks and credit unions in the State of Wisconsin, except that no Wisconsin bank which has received TARP funding and failed to comply with HAMP policies shall be entitled to receive any such deposit.

14. Ordering the Trustee to provide public notice in the Wall Street Journal of the availability of the Trust Fund for compensation to victims of the GMAC RACKETEERING ENTERPRISE and to provide such other notice of the funds available for compensation as the Court may deem sufficient to provide adequate notice of the victims' rights to distributions from the Trust Fund.

15. Ordering the appointed Trustee to make bi-annual reports to the Court until the funds are fully distributed.

16. Ordering the remainder, if any, of the balance of the Trust Funds be paid to the Community Investment Credit Corporation, a Wisconsin corporation, for the purpose of improving the business economy in the State ofWisconsin up to the amount of$20,000,000.00 and any further remaining balance to be paid to non-profit legal assistance programs throughout the State of Wisconsin by the State Bar of Wisconsin, in its sole discretion.

17. For such other relief as may be just and appropriate in these premises.

Dated at Minneapolis, Minnesota this 1st day of March, 2011.

Is/ Wendy Alison Nora

Wendy Alison Nora 4575 W. 801

h Street Circle, #141 Minneapolis, Minnesota 55437

VOICE (952) 405-8631 FAX (952) 405-8691

[email protected]

19

Internal CM/ECF Live8atabast;.. 1

O 00748 D t # 4 1 ase: ;:s: -cv- -wmc ocumen : -

I of2

United States Bankruptcy Court District of Delaware

Notice of Bankruptcy Case Filing

A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 11 of the United States Bankruptcy Code, entered on 08/13/2007 at 3:22PM and filed on 08/13/2007.

Aegis Mortgage Corporation, et al. 11381 Meadowglen Lane Suite I Houston, TX 77082 Tax ID I EIN: 77-0589883 aka UC Lending aka New America Financial aka Caledon Capital

The case was filed by the debtor's attorney:

Laura Davis Jones Pachulski Stang Ziehl & Jones LLP 919 N. Market Street 17th Floor Wilmington, DE 19899-8705 302-652-4100

FILED 08/13/2007

3:22 PM

The case was assigned case number 07-11119-BLS to Judge Brendan Linehan Shannon.

In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case.

If you would like to view the bankruptcy petition and other documents filed by the debtor, they are available at our Internet home page www.deb.uscourts.gov or at the Clerk's Office, 824 Market Street, 3rd Floor, Wilmington, DE 19801.

You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines.

David D. Bird

11/27/2010 4:20PM

Case: 3:10-cv-00748-wmc Document#: 4-2 Filed: ! 1/30/1 0 Page 1 of 1

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MAINE DISTRICT COURT, DISTRICT NINE DIVISION OF NORTHERN CUMBERLAND

FEDERAL NATIONAL MORTGAGE ASSOCIATION

Plaintiff DOCKET NO. BRI-RE-09-65

v.

NICOLE M. BRADBURY Defendant:

and GMAC MORTGAGE, LLC d/b/a DITECH, LLC.COM and BANK OF AMERICA, NA:

Parties in Interest:

June 7, 2010

Oral deposition of JEFFREY D.

STEPHAN, taken pursuant to notice, was

held at the law offices of LUNDY FLITTER

BELDECOS & BERGER, P. C., 4 50 N. Narberth

Avenue, Narberth, Pennsylvania 19072,

commencing at 10:10 a.m., on the above

date, before Susan B. Berkowitz, a

Registered Professional Reporter and

Notary Public in the Commonwealth of

Pennsylvania.


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APPEARANCES:

BRIAN M. FLEISCHER, ESQUIRE FLEISCHER, FLEISCHER & SUGLIA, P.C.

Plaza 1000 at Main Street Suite 208 Voorhees, New Jersey 08043 (856) 489-8977 [email protected] Counsel for GMAC

THOMAS A. COX, ESQUIRE LAW OFFICES OF THOMAS A. COX

P.O. Box 1315 Portland, Maine 04104 (207) 749-6671 [email protected] Counsel for Defendant, Nicole M. Bradbury

VIA TELEPHONE:

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STEPHAN MR. COX: Mr. Fleischer, we

understand that Julia Pitney represents the plaintiff in this case. Who do you represent today?

MR. FLEISCHER: I believe Ms. Pitney both represents Fannie Mae and GMAC, and I am here on GMAC's behalf.

MR. COX: GMAC is neither a plaintiff nor defendant in this case, so we may have some issues around that, but we'll cross that bridge when we get to it.

EXAMINATION

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16 JULIA G. PITNEY, ESQUIRE 17 DRUMMOND & DRUMMOND 0

17 One Monument Way 18 BY MR. C X: Portland, Maine 04101 19 Q. Mr. Stephan, for the record, (207) 774-0317 2 0 ld f 11 l ? [email protected] wou you state your u name, p ease.

19 Counsel for GMAC and Fannie Mae ' 21 A. Jeffrey Stephan. ;~ 2 2 Q. How old are you?

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22 2 3 A. I am 41, in June. ;~ 2 4 Q. You live in Sellersville, 25 2 5 Pennsylvania?

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1 1 STEPHAN 2 (Document marked Exhibit-1 2 A. That is correct. 3 for identification.) 3 Q. Have you had your deposition 4 4 taken previously? 5 (It is hereby stipulated and 5 A. In other cases, yes. 6 agreed by and between counsel that 6 Q. How many other cases? 7 sealing, filing and certification 7 A. This will be my third time. 8 are waived; and that all 8 Q. What other cases were you 9 objections, except as to the form 9 deposed in, to your recollection?

10 of questions, be reserved until 10 A. In what kind of cases? 11 the time of trial.) 11 Q. Well, can you remember the 12 12 names of the cases? 13 JEFFREY D. STEPHAN, after 13 A. No, I don't. 14 having been duly sworn, was 14 Q. When is the last time that 15 examined and testified as follows: 15 you've had your deposition taken? 16 16 A. I would approximate two, 17 MS. PITNEY: I would like to 17 three months ago. 18 put on the record that we 18 Q. Was that in Florida? 19 requested a stipulation, and 19 A. No. That was in New Jersey. 20 Attorney Cox has denied our 20 Q. That would have been in 21 request for that stipulation. And 21 2010? 22 that would be a stipulation that 22 A. Yes. 23 this deposition transcript be used 23 Q. Then you were deposed in 24 for this case, FNMA versus 24 Florida in December of 2009?

~ l-2 25 Bradbury, only. 25 A. That is correct.

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STEPHAN

case. Q. The Deposition Notice? A. Right, the Deposition

Notice. Q. It was not another

deposition transcript --A. No. Q. -- that you were referring


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1 STEPHAN 1 STEPHAN 2 Q. When you began working for 2 team lead for our bidding team, which 3 GMAC Mortgage in 2004, what position did 3 would be a team of individuals who 4 you begin working in? 4 calculate the bids for sales. 5 A. I was a foreclosure 5 Q. Calculate the bids for sales 6 specialist. 6 of mortgage --7 Q. What kinds of duties did 7 A. Foreclosure sales. 8 that involve? 8 MR. FLEISCHER: Again, let 9 A. That involved the day-to-day 9 him finish the question.

10 handling and servicing of a portfolio of 10 BYMR.COX: 11 loans that fell into a foreclosure 11 Q. Just so I can understand it, 12 category. 12 your role in that position was to help 13 Q. What kinds of duties did you 13 GMAC calculate what it was going to bid 14 carry out with respect to those matters? 14 at any given foreclosure sale? 15 MS. PITNEY: Object to form. 15 A. That would be correct. 16 MR. COX: You have to 16 Q. The foreclosure 17 answer. 17 department -- is that what it's called? 18 MS. PITNEY: You can answer 18 A. Yes. 19 the question. 19 Q. That has units within it? 20 THE WITNESS: The everyday !20 A. Yes. 21 servicing of the file, from 121 Q. And when you were doing the 22 contacting the attorney, supplying 22 bidding work, what unit were you a part 23 an attorney who's handling a case 23 of at that time? 24 within my portfolio with any 24 A. The bid team. 25 information they may need, a copy 25 Q. How long did you serve on

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1 STEPHAN I 1 STEPHAN 2 of documents that may be needed I 2 the bid team? 3 through a fax form or e-mail form, 3 A. I'm going to estimate six 4 the calculation of figures for 4 months to a year, at the most. 5 judgments, reporting sale results 5 Q. Does it sound roughly 6 at that time, and properly 6 correct that sometime in 2008, you 7 conveying properties to the proper 7 assumed a new position? 8 departments for post sale action. 8 A. Yes. 9 BYMR.COX: 9 Q. What was the next position

10 Q. How long did you hold the 10 that you held after working on the bid 11 position of foreclosure specialist? 11 team? 12 A. With GMAC, three years. 12 A. My present position, which 13 Q. So you would have assumed a 13 is the team lead of the document 14 new position sometime in 2007? 14 execution team. 15 A. Yes. 15 Q. Is there also a service 16 Q. What position did you assume 16 transfer unit? 17 in 2007? 17 A. Yes, there is. 18 A. I became a team lead within 18 Q. Are you the team lead of 19 the foreclosure department. 19 that as well? 20 Q. What duties did you assume 20 A. Yes, I am. That falls into 21 as the team lead in the foreclosure 121 the document execution team. 22 department? 22 Q. So I talk your language, 23 A. At that time, GMAC 23 there's a foreclosure departmentC I 4 24 segregated our department into teams, and 24 A. Yes. ·- -25 I was put into place as the supervisor or 125 Q. And the subdivisions within

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1 STEPHAN 1 STEPHAN 2 that, do you call them teams or units? 2 A. 14. 3 A. Teams. 3 Q. Including yourself? 4 Q. So there's a foreclosure

I 4 A. No; including me, 15.

5 . department, and then within it are a 5 Q. What training have you 6 group of teams that do different 6 received from GMAC to function in your 7 functions; is that correct? 7 capacity as the team lead for the 8 A. That is correct. 8 document execution team? 9 Q. What does the document 9 MS. PITNEY: Object to form.

10 execution team do? 10 BYMR.COX: 11 MR. FLEISCHER: Objection as 11 Q. Let me restate the question. 12 to form. 12 Have you received any training from GMAC 13 THE WITNESS: Can you 13 to use in conjunction with your 14 rephrase that? 14 performance as the team lead for the 15 BYMR.COX: 15 document execution team? 16 Q. What are the functions of 16 A. Yes. 17 the document execution team? 17 Q. What training have you 18 A. The functions of my document 18 received? 19 execution team is, I have staff that 19 A. I received side-by-side 20 prints documents, from our computer 20 training from another team lead to 21 system, that are submitted from our 21 instruct me on how to review the 22 attorney network. I have staff, also, on 22 documents when they are received from my 23 that team who prepares the documents 23 staff. 24 which have already received figures from 24 Q. Who was that person? 25 our attorneys. So there are completed 25 A. That person, at the time, I

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1 STEPHAN 1 STEPHAN 2 documents. They fill in the blanks, they I 2 believe was a gentleman by the name of 3 stamp names. They ensure that all of the 3 Kenneth Ugwuadu, U-0-W-U-A-D-U. He is no 4 notary lines are completed properly once 4 longer with GMAC. 5 it's returned from the notary. And that 5 Q. How long did that training 6 staff also is in charge of making sure 6 last? 7 they Federal Express the document back to 7 A. Three days. 8 the designated attorney within our 8 Q. Were there any written or 9 network. 9 printed training materials or manuals

10 Q. What does the service 110 used as a part of that training? 11 transfer team do? 11 A. No. 12 A. The service transfer team 12 Q. Again, just so I understand 13 receives a list of loans from our 13 what your testimony was, that training 14 transfer management team, which is 14 involved your learning how to review the 15 located in Iowa. The service transfer 15 documents that were being processed 16 team within foreclosure only handles 16 through your hands; is that correct? 17 loans that fall into a bankruptcy or 17 A. That's correct. 18 foreclosure category. They prepare files 18 Q. What were you trained to do 19 or CDs, and transfer them to the new 119

with respect to those documents by that 20 servicer. So they're loans that are 20 gentleman? 21 either acquired, or they're loans that 21 A. Basically, how to review the 22 are being transferred to a new servicer 22 system, which I already basically knew 0-f.-5 : 23 for service. 23 from preparing documents in my prior II 24 Q. How many employees are on 24 position before becoming a team lead. So 25 the document execution team? 25 it was more or less a rehash, let's say,

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1 STEPHAN 2 or retraining, to confirm that I was 3 looking at things correctly in the 4 system. 5 Q. When you refer to a system, 6 you're referring to a computer system? 7 A. Yes. 8 Q. Other than what you might 9 call it when you're not happy, does that

10 system have a name? 11 A. Yes. That system is called 12 Fiserv, F-I-S-E-R-V. 13 Q. Have you received any 14 training on how to use that system? 15 A. Yes, when I was hired. 16 Q. Are there any manuals or 17 training materials associated with your 18 training on that system? 19 A. Yes, there is. 20 Q. Do you have those manuals in 21 your possession? 22 A. Presently, no. 23 Q. Do they exist in your office 24 atGMAC? 25 A. I honestly don't know.

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1 STEPHAN 2 Q. In your role as team lead 3 for the document execution team, do you 4 have any duties with respect to the 5 receipt, application, or counting for 6 loan payments? 7 A. No. 8 MS. PITNEY: Object to the 9 form of the question.

10 BYMR.COX: 11 Q. What department has that 12 responsibility? 13 A. To my understanding, that 14 would be customer service. And within 15 customer service, I believe there is a 16 cash unit. 17 Q. Have you ever worked in that 18 cash unit? 19 A. No. 20 Q. Have you ever worked in that 21 customer service department? 22 A. No. 23 Q. Have you ever had any 24 training in how that department and unit 25 work?

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1 STEPHAN 2 A. No. 3 Q. In your capacity as team 4 lead for the document execution team, do 5 you have any responsibility for data 6 entry into the computer system regarding 7 payments received by GMAC? 8 A. No. 9 Q. In your capacity as the team

10 lead for the document execution team, do 11 you have any role in the foreclosure 12 process at GMAC, other than the signing 13 of documents? 14 MR. FLEISCHER: Objection as 15 to the form of the question. 16 THE WITNESS: Can you 17 rephrase? 18 BYMR.COX: 19 Q. In your capacity as the team 20 lead for the document execution team, do 21 you have any role in the foreclosure 22 process, other than the signing of 23 documents? 24 A. No. 25 Q. I'm going to hand you what

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STEPHAN we have marked as Deposition Exhibit Number 1, which is your affidavit in this case, dated August 5, 2009.

MS. PITNEY: Excuse me, Tom. This is Julia. Am I to presume that this is the only exhibit you're going to be introducing? Be ... ause I haven't received any exhibits that you plan to produce at this deposition today.

MR. COX: I had no idea you were going to be participating today, Julia.

MS. PITNEY: Well, I represent the plaintiff. It shouldn't come as any surprise.

MR. COX: We're not going to have a debate on the record. The exhibits are here. You're welcome to come see them. I had no idea

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that you were going to participate_ , in this fashion. {2-- I·-~

MS. PITNEY: You had no idea?

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1 STEPHAN 1 STEPHAN 2 MR. COX: I'm not going to 2 I understand there's not a large 3 have this exchange on the record 3 number of documents. I propose 4 with you. If you want to go off 4 that we have Attorney Fleischer 5 the record for a minute, I'll be 5 fax them to me, or e-mail, in 6 happy to do it. 6 bulk, or we're going to have to 7 MS. PITNEY: No, we're going 7 stop. I would object. And each 8 to stay right on the record, Tom. I 8 time I'm going to stop and have 9 MR. COX: That's fine. 9 each document sent to me.

10 MS. PITNEY: Is it your 10 MR. COX: Your objection is 11 intent to introduce these exhibits 11 noted. 12 that have not been produced to the 12 MR. FLEISCHER: Why don't we 13 opposing party? !13 at least just deal with the one 14 MR. COX: I'm not going to 14 document that's in front of us at 15 respond to that. I will entertain 15 this point, which is the 16 objections that you are going to 16 affidavit, and then we'll address 17 make. But I'm not going to 17 each one as they come up. 18 respond to your questions on the 18 MS. PITNEY: Fair enough. 19 record. 19 BYMR.COX: 20 MS. PITNEY: I'm going to 20 Q. Mr. Stephan, you've 21 object to each and every exhibit. 21 testified that in addition to yourself, 22 MR. COX: That's your right 22 there are 14 other employees in your 23 to do that. 23 document execution team. 24 BYMR.COX: 24 A. That is correct. 25 Q. I've handed you Deposition 25 Q. You have a title of limited

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1 STEPHAN 1 STEPHAN 2 Exhibit Number 1, Mr. Stephan. Is that a 2 signing officer; is that correct? 3 document signed by you? 3 A. That is correct. 4 A. Yes, that is my signature. 4 Q. How long have you been a 5 Q. And that's dated August 5, 5 limited signing officer for GMAC 6 2009? 6 Mortgage? 7 A. That is correct. 7 A. I'm going to estimate, two 8 Q. Do you have any memory of 8 years. 9 signing that document? 9 Q. Are there any other limited

10 A. No, I do not. 10 signing officers among the 14 people on 11 MS. PITNEY: I'd like to 11 your team? 12 take a brief break and speak with 12 A. No, not amongst my 14 13 Attorney Fleischer separately. 13 people. 14 There's no question pending. 14 Q. Exhibit-1, on the bottom of 15 (Whereupon, a short recess 15 the first page, says: I have under my 16 was taken.) 16 custody and control the records relating 17 MR. COX: I gather you have 17 to the mortgage transaction referenced 18 something you want to say on the 18 below. 19 record, Julia? 19 What records does GMAC 20 MS. PITNEY: Yes. I object 20 maintain with respect to mortgage 21 to not being provided copies of 21 transactions? 22 the documents that you intend to

122 MS. PITNEY: Object c;he

23 introduce in this deposition. And 23 form. - ( -1 24 in an effort to make things more 124 THE WITNESS: Please 25 efficient, my proposal is that -- 25 rephrase.

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1 STEPHAN 2 BYMR.COX: 3 Q. What records does GMAC 4 maintain with respect to mortgage loans? 5 A. We keep our records for the 6 foreclosure department and the rest of 7 the company on our Fiserv system for 8 availability throughout our company. 9 Q. Do paper records exist

1 0 anywhere within GMAC Mortgage? 11 A. Yes, they do. 12 Q. Where do they exist? 13 A. I believe they are housed 14 either in our Iowa office or in 15 Minnesota, or with any of our custodians 16 involved within the company. 17 Q. Do you have any 18 responsibilities for making entries in 19 the Fiserv system? 2 0 A. Other than just usual notes, 21 no. 2 2 Q. What kind of usual notes do 2 3 you enter? 2 4 MS. PITNEY: Object. I'm 2 5 objecting to the form of the

1 STEPHAN 2 question. And, furthermore, I'm 3 objecting to the extent that 4 you're basically asking him an 5 incredibly broad-based question 6 here, Tom. If you want to ask him 7 about this case and any entries he 8 made with respect to this case, 9 then that's fine. But your

10 question is pretty sweeping there. 11 BYMR.COX: 12 Q. What is your usual business 13 practice and routine with respect to 14 making usual notes in the Fiserv system? 15 A. If a customer were to call 16 in, I would make a note in our computer 17 system. 18 Q. Do customers call you in 19 your capacity as team lead for the 20 document execution team? 21 A. No, they do not. 22 Q. So if that's the only kind 23 of notes that you would make in the 24 system, is it fair to say that you don't 25 make notes in that system?

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STEPHAN A. That would be correct. Q. And you have no role in the

entry of any other data into that system; isn't that correct?

A. That is correct. Q. What depmtment maintains

that system? MR. FLEISCHER: Objection as

to form. BYMR.COX:

Q. Do you know what department maintains that system?

A. The system is used by the entire company.

Q. Do you know what department maintains the security for that system?

A. The IT depmtment. Q. Where is that located? A. Throughout the entire

country. Q. Do you know what department

makes entries into that system? A. Numerous departments. Q. Do you know what depattments

STEPHAN have the ability to change entries in that system?

A. Nobody has the ability to change an entry in the system, as far as a note would go.

Q. What do you mean by that? A. Such as if a customer calls

in, you type in the system. Once you type it, it's entered.

Q. Does GMAC keep a paper

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record of loan payments made by mortgage customers?

A. I do not know. Q. I think you said that the

cash department receives payments --customer payments; is that correct?

A. To my knowledge, yes. Q. That's the department that

you've said you have not worked in; is that correct? C-7-f/ A. That is correct.

Q. So you don't have firsthand knowledge about how it operates; is that correct?

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1 STEPHAN 1 STEPHAN 2 A. That is correct. 2 Q. That's the only other 3 MS. PITNEY: Object. 3 document execution team that you're aware 4 BYMR.COX: 4 of? 5 Q. Do you have any knowledge 5 A. To my knowledge, yes. 6 about how the data relating to those 6 Q. When you referred in one of 7 payments are entered into the system? 7 your answers a few moments ago to 8 A. I do not have that 8 judgment affidavits, are you referring to 9 knowledge. 9 the type of affidavit in front of you, as

10 Q. Do you have any knowledge 10 Deposition Exhibit-1? 11 about how GMAC ensures the accuracy of 11 A. That is a similar type of 12 the data entered into the system? 12 affidavit, yes. This states Affidavit in 13 A. No, I do not. 13 Support of the Plaintiffs Motion for 14 Q. Do you have any knowledge as 14 Summary Judgment. 15 to what measures GMAC takes to preserve 15 Q. Have you received any 16 the integrity and security of the system? 16 training regarding the summary judgment 17 A. No, I do not. 17 process in judicial foreclosure states? 18 MS. PITNEY: Object to the 18 A. No. 19 form of that question. 19 Q. Do you have any knowledge as 20 BYMR.COX: 20 to what a summary judgment affidavit is 21 Q. In your capacity as team 21 used for in the State of Maine? 22 lead for the document execution team, 122 MR. FLEISCHER: Objection as 23 what kinds of documents do you sign? 23 to form. 24 A. The types of documents I 24 BYMR.COX: 25 sign are assignments of mortgage, 25 Q. Would you please answer the

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1 STEPHAN 1 STEPHAN 2 numerous types of affidavits, deeds that 2 question? 3 need to be done post sale, a substitution 3 A. To my knowledge, a bon·ower 4 of trustees. And that covers it in a 4 would have filed a contested answer. And 5 general span. 5 this would be our next step within the 6 Q. You said you sign a variety 6 process, to confiim the amount that is 7 of affidavits. What kinds of affidavits 7 due to support the summary judgment. 8 do you sign? 8 Q. Do you understand how the 9 A. I sign judgment affidavits 9 affidavit is used, that is, Deposition

10 for judicial foreclosure actions. I will 10 Exhibit Number 1? 11 sign an affidavit verifying military 11 MS. PITNEY: Objection. 12 duty. I sign affidavits in reference to ,12 Tom, you're getting dangerously 13 -- if GMAC has exhausted all options !u close here to the privileged area. 14 through lost mitigation upon reviewing 14 I mean, this affidavit, in itself, 15 notes in our Fiserv system. That's a 15 was prepared in preparation for 16 general description of different types 16 litigation -- in litigation; not 17 of affidavits. 17 even preparation for it, but 18 Q. Your document execution team 18 during litigation. 19 provides documents for foreclosures in 19 MR. COX: I have not the 20 what states? 20 slightest interest in getting into 21 A. Throughout the country. 21 attorney/client privilege. I'll 22 Q. Are there other cJ -;ument 22 rephrase the question. o-r-q 23 execution teams within the GMAC system? 23 BYMR.COX: 24 A. I believe our bankruptcy 124 Q. Do you have any knowledge of 25 unit also has a document execution team. 25 how summary judgment affidavits are used

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1 STEPHAN 1 STEPHAN 2 in judicial foreclosure states? 2 tool, between our attorneys. They load 3 A. No. 3 it into a process called signature 4 Q. Are you aware that they are 4 required. 5 given to a judge? 5 MS. PITNEY: Jeff, I'm going 6 A. Yes. 6 to interrupt you right there. To 7 Q. And do you understand that 7 the extent that this answer or 8 the judge relies upon them? 8 anything else that you say has to 9 A. Yes. 9 do with your communication between

1 0 Q. At the time that you 1 0 you and your attorney -- GMAC and 11 executed Deposition Exhibit-1 on August 11 its attorney, it's attorney/client 12 5, 2009, you were, at that time, in your 12 privilege. 13 position as team lead for the document 13 THE WITNESS: So I won't 14 execution department? 14 answer. 15 A. Yes. 15 MR. COX: Well, let's go 16 Q. Has the manner in which you 16 back and ask the question again. 17 perform your duties as the team lead for 17 MS. PITNEY: He's answered 18 the document execution department changed 18 the question. He gets the 19 in any way over the period from August 5, 19 affidavit from the attorney. 2 0 2009 to the present date? 2 0 BY MR. COX: 21 A. No. 21 Q. What is the LPS system? 2 2 Q. Has your job description 2 2 A. That is a communication tool 2 3 changed in any manner during that time? 2 3 with our attorney network. 2 4 A. I assumed the responsibility 2 4 Q. Is LPS a separate company? 2 5 at that time of also handling the service 2 5 A. Yes.

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1 STEPHAN 1 STEPHAN 2 transfer team as an additional 2 MS. PITNEY: Objection. The 3 responsibility; other than document 3 means by which he communicates any 4 execution, no. 4 details about -- the means by 5 Q. In your usual business 5 which he communicates with his 6 practice as a team lead for the document 6 attorneys is privileged. 7 execution team, how does a summary 7 BYMR.COX: 8 judgment affidavit come to you, such as 8 Q. What does LPS do? 9 the one that is Deposition Exhibit Number 9 MS. PITNEY: I'm going to

10 1? 10 object again on privilege grounds. 11 MS. PITNEY: Objection. 11 Same objection. Do not answer 12 Tom, if you'd like to ask him 12 that question. 13 about how this specific affidavit 13 THE WITNESS: Okay. 14 came to him, that's fine. But, 14 BYMR.COX: 15 again, you're asking way too 15 Q. Is the source of what you 16 broad. 16 know about what LPS does based upon any 17 BYMR.COX: 17 communication that you've had with 18 Q. Do you know how this 18 lawyers? 19 specific affidavit got to you, Mr. 19 A. Sorry. Please rephrase 20 Stephan? 20 that. I don't understand your question. 21 A. We have a process in place 21 Q. Do you know what LPS does 22 that if our attorney network needs an 22 with respect to documents proceCd ~Y 23 affidavit, they will upload it into our 23 your unit? -{-/0 24 system, which is called LPS. We have 24 MS. PITNEY: Objection. 25 another system, which is a communication 25 Same objection.

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1 STEPHAN 1 STEPHAN 2 MR. COX: He can answer that 2 MR. COX: He can answer the 3 yes or no. 3 question of whether or not he 4 THE WITNESS: I still don't 4 keeps a log, before I ask him what 5 understand what you're asking. 5 goes into the log. 6 BYMR.COX: 6 MS. PITNEY: Fine. 7 Q. You've mentioned LPS. 7 THE WITNESS: No, I don't 8 A. Right. 8 have a log. 9 Q. That's a separate company; 9 BYMR.COX:

10 is that correct? 10 Q. Does anybody keep a log of 11 A. It's a system that we have 11 what documents you sign? 12 acquired from a company by the name of 12 MS. PITNEY: Object to the 13 Fidelity, in order to have corrimunication 13 form of that question. 14 between our attorneys. 14 THE WITNESS: Please 15 Q. Do you have any memory of 15 rephrase. 16 specifically receiving Deposition 16 BYMR.COX: 17 Exhibit-1? 17 Q. Do you know if anybody keeps 18 A. No. 18 a log of what documents you execute? 19 Q. Again, I'm asking you, based 19 A. We have notaries in our 20 upon that, to describe what the usual 20 department, approximately six, who keep a 21 business practice is within your unit, as 21 log for what they notarize. 22 far as how affidavits, such as Deposition 22 Q. These are notaries within

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23 Exhibit-1, come to you. ! 2 3 your department? 24 A Our attorney willload it to r 4 A. That is correct. 25 the LPS system Members of my team will 2 5 Q. As I understand it, the

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1 STEPHAN 1 STEPHAN 2 print it. Other members will prepare it. 2 first step is, in your department, a 3 The figures have already been loaded from 3 document comes in on the LPS system from 4 our network of attorneys. So my team 4 the outside lawyer; is that correct? 5 does not have any input on the affidavit, 5 A. That is conect. 6 other than filling in my name. They 6 Q. And then an employee in your 7 bring it to me. I review it against our 7 department prints it out; is that 8 Fiserv system, execute it, hand it back. 8 conect? 9 They get it notarized. It's Federal 9 A. That is conect.

10 Expressed back to the individual attorney 10 Q. And then you said that the 11 asking. 11 employee prepru·es the document. What 12 Q. Do you keep a log of any 12 does that mean? 13 sort of what documents you execute? 13 MS. PITNEY: Objection. The 14 MS. PITNEY: I'm sony. Can 114 document is prepared for 15 you repeat the question, Tom? I 15 litigation. It is privileged. 16 could not hear that. 16 How it is prepared is privileged. 17 BYMR.COX: 17 Do not answer that question. 18 Q. Do you keep a log of any 18 BYMR.COX: 19 sort of what documents you execute? 19 Q. Do your employees have any 20 MS. PITNEY: Objection. 20 direct communication with outside 21 Work product. Any type of log 21 counsel? 22 that he keeps relative to these 22 A. Yes, through the LPS system. 23 affidavits is prepared in 23 MS. PITNEY: Objection. How 24 preparation for litigation; to the 24 and what he communicates with Ws 25 extent that one even exists. 25 attorney is privileged, Tom Q -( -t t

11 (Pages 38 to 41)


421 44

1 STEPHAN 1 STEPHAN 2 MR. COX: I haven't asked

I 2 twice on the first page, and once on the

3 for the content. I asked if it 3 signature page for you; is that correct? 4 happens.

I 4 A. That is correct.

5 BYMR.COX: 5 Q. And then it's stamped again 6 Q. Would you answer the 6 on the notary page; is that correct? 7 question, please? 7 A. That is correct. 8 A. Yes, through the LPS system. 8 Q. So as I understand it, an 9 Q. Is anything done to a 9 affidavit, such as Deposition Exhibit-1,

10 document submitted to the LPS system by 10 is initially prepared by outside counsel? 11 an outside lawyer before it reaches your 11 MS. PITNEY: Objection. 12 hands? 12 BYMR.COX: 13 MS. PITNEY: Objection. 13 Q. Is that correct? 14 Preparation of the document is 14 A. Yes, that is correct. 15 privileged. It's for litigation. 15 Q. Does anybody on your team 16 Do not answer the question. 16 verify the accuracy of any of the 17 BYMR.COX: !17 contents of the affidavit before it 18 Q. Is the document that is

118 reaches your hands?

19 received in the LPS system from outside 19 MS. PITNEY: Objection 20 counsel presented to you in exactly the 20 again. How the document is 21 form that it is received in from outside 21 prepared -- you can ask him 22 counsel? 22 questions about the document and 23 MS. PITNEY: Objection. 23 what's stated in the document. 24 Same objection. 24 The preparation of the document, 25 MR. COX: Is it an 25 which is prepared for litigation,

43 45

1 STEPHAN 1 STEPHAN 2 objection, or are you instructing I 2 is privileged. Do not answer the 3 him not to answer? 3 question, Jeff. 4 MS. PITNEY: I'm instructing 4 BYMR.COX: 5 him not to answer, to the extent 5 Q. Mr. Stephan, do you recall 6 you're asking him questions about 6 testifying in your Florida deposition in 7 a document that was prepared 7 December, with regard to your employees, 8 specifically during the course of 8 and you said, quote, they do not go into 9 litigation. It's protected by

11; the system and verify the information as

10 privilege, and you can't ask him accurate? 11 questions about it. 11 A. That is correct. 12 BYMR.COX: 12 MS. PITNEY: I'm sorry. 13 Q. Deposition Exhibit -1 has 13 Tom, could you please repeat what 14 your name stamped on it with a stamp; is 14 you just said? I just couldn't 15 that correct? 15 hear. 16 A. That is correct. 16 MR. COX: Quote: They do 17 Q. And below your name, the 17 not go into the system and verify 18 words "limited signing officer" appear; 18 the information as accurate. 19 is that correct? 19 BYMR.COX: 20 A. That is correct. 20 Q. Is that correct? 21 Q. Who puts that stamp on these 21 A. That is correct. 22 affidavits? 22 MR. FLEISCHER: Tom, can you 23 A. My team. 23 reference what litigation that was

1

)

24 Q. On this pmticular 24 in, do you know? Q --1- I 25 affidavit, your name and title is stamped 25 MR. COX: The Florida case -

12 (Pages 42 to 45)


46

1 S1EPHAN 2 that he testified in. 3 MR. FLEISCHER: I just 4 thought you might have a reference 5 there. 6 MR. COX: I'll get it 7 shortly. 8 BYMR.COX: 9 Q. Do you and your 14-person

1 0 team all work in the same physical space? 11 A. Yes. We're all in the same 12 department. 13 Q. Do you have an office or a 14 cubicle, or what? 15 A. Cubicle. 16 Q. Do the employees bring 17 documents to you to sign? 18 A. That is correct. 19 Q. How many do they bring to 2 0 you at a time, on average? 2 1 A. For a month, anywhere from 2 2 six to 8,000 documents. 2 3 Q. Do you recall testifying in 2 4 your Florida deposition in December that 2 5 you estimated it was 10,000 documents a

48

1 S1EPHAN 2 A. That would be correct. 3 Q. Roughly, how many are 4 brought to you in a group, on average? 5 A. Throughout a day, I believe 6 we are averaging approximately 400 new 7 requests corning in from our attorney 8 network. So I would say approximately 9 400 per day.

1 0 Q. This sounds very basic. 11 But, physically, are you handed a pile of 12 100 documents, 300 documents? How does 13 that work? 14 A. They bring them to me in 15 individual folders from each one of the 1 6 members of my team. I do not count how 17 many are in the files. 18 Q. So each team employee has a 19 folder of document; is that correct? 2 0 A. That is correct. 21 Q. When you receive a summary 2 2 judgment affidavit to be signed by you, 2 3 is it accompanied by any other documents 2 4 relating to the loan? 2 5 MS. PITNEY: Objection. The

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1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

S1EPHAN month?

A. I do not recall. I'm going off of numbers within the past month or so.

Q. Have those numbers gone down in the past month or so?

A. There has been a decrease. Q. Back in December, were you

signing in the range of 10,000 documents a month?

A. I may have been. Q. Back in August of 2009,

47

roughly, how many documents a month were you signing?

A. I cannot estimate. I don't know.

Q. Do you believe that it was more or less than the number you were signing in December?

A. I'm going to assume, more. Q. And on a given day, I

understand an employee brings you a group of documents for you to sign; is that correct?

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23

1~:

S1EPHAN document is prepared for litigation. And anything he does when he's preparing it is privileged.

MR. COX: Are you telling him not to answer?

MS. PITNEY: I am. Tom, if you want to ask him about general procedures, which you have been, then I'm not going to object as much. But if you want to ask him about what goes into preparing a document that was used for summaty judgment, that's clearly prepared for litigation, and it's privileged and protected.

MR. COX: I think you haven't heard my question, Julia. I'll state it again. c f _ ( 3 BYMR. COX: , - . Q. When you receive a summaty

judgment document for your execution, is it accompanied by any other documents"

MS. PITNEY: My objection is

49

]I

13 (Pages 46 to 49)


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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

50 52

STEPHAN 1 STEPHAN -- you can answer that question, 2 those exhibits attached to the affidavit Jeff. 3 at the time that you sign them?

THE WITNESS: There are 4 MS. PITNEY: Objection. times when it has the Complaint 5 You're asking about a document connected. There are times when 6 that was prepared by an attorney. it is brought to me just as the 7 Anything that comes with it that affidavit. 8 he's asked to review is

BY MR. COX: 9 privileged-- the communication Q. When you say that there are 1 0 between a client and an attorney.

times when it comes to you with a 11 Do not answer the question. Complaint connected, you mean attached as 12 BY MR. COX: an exhibit? 113 Q. Mr. Stephan, would you

A. Such as this one, yes. i 14 please look at Paragraph 3 ofExhibit-1. Q. When you say "this one," , 15 Do you see there the statement: That a

you're referring to Deposition Exhibit -1? 1 6 true and correct copy of which is A. Yes, that is correct. 17 attached hereto is Exhibit-A? Q. Deposition Exhibit-1 has 18 A. Where are you looking?

several exhibits attached to it; is that 19 Q. Paragraph 3. Do you see correct? 2 0 that statement?

MS. PITNEY: Could you 121 A. Yes, I do. please tell me what the exhibits · 2 2 Q. When you sign an affidavit

don't have the benefit of having 2 4 attached to it? them in front of me? 2 5 MS. PITNEY: Objection. A

that are attached are, because I [2 3 such as Exhibit-1, are the exhibits

-----·-·-·-------------·---------·-- _ ........ - ......... ~-----·---·-·· .................................................. ____ ... ..

511 53

1 STEPHAN 1 STEPHAN 2 THE WITNESS: Exhibit-A is a 2 document that's provided to him by 3 copy of the note and the -- 3 an attorney is privileged. 4 MR. COX: Julia, this is 4 MR. COX: Are you telling 5 your summary judgment affidavit. 5 him not to answer that question? 6 MS. PITNEY: I'm not 6 MS. PITNEY: Yes. I'll say 7 doubting that it is. I just don't 7 again, Tom, if you would like to 8 know what these other exhibits 8 ask him about the facts that are 9 attached are. 9 in the affidavit, the details

1 0 MR. COX: Don't you have 1 0 about this loan -- which I might 11 your copy? 11 remind you involves a woman by the 12 MS. PITNEY: You're the one 12 name of Nicole Bradbury -- then 13 verifying if they're the same as 13 I'm sure Jeff will answer your 14 the one I'm looking at, Tom. 14 question? 15 THE WITNESS: Exhibit-B is 15 MR. COX: Well, he has the 16 the mortgage. Exhibit-Cis the 1 6 affidavit in front of him in this 1 7 assignment of note and mortgage. 1 7 case. And the affidavit which he 18 Exhibit-D --I believe we're 18 swore to says a true and conect 19 looking at the demand, or the 1 9 copy of the note is attached to 2 0 breach letter. And those are the 2 0 it. And I'm asking him if that 2 1 four documents that are connected 2 1 document was attached to it at the 2 2 to this affidavit of summary 2 3 judgment. 2 4 BY MR. COX: l

, 2 2 time that he signed it11_ 1 1.J.

23 BYMR. COX: G- I~ /--, , 2 4 Q. Would you please answer th::tt . ,

2 5 Q. In your usual practice, are 12 5 question? •

14 (Pages 50 to 53)


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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

STEPHAN A. To my knowledge, I do not

recall. Q. Is it your usual business

practice to have exhibits attached to affidavits that you sign?

A. Yes. Q. All exhibits?

MS. PITNEY: Object to form. THE WITNESS: I do not know.

BYMR.COX: Q. When you sign a summary

judgment affidavit, do you check to see if all the exhibits are attached to it?

A. No. Q. Does anybody in your

department check to see if all the exhibits are attached to it at the time that it is presented to you for your signature?

A. No. Q. When you sign a summary

judgment affidavit, do you inspect any exhibits attached to it?

A. No.

STEPHAN MS. PITNEY: Could you

repeat the question, Tom? Did you say -- or can you have it read back, please?

(Whereupon, the pertinent portion of the record was read.)

MS. PITNEY: Object to the form.

BYMR.COX: Q. What happens to an affidavit

in your department after you sign it? MS. PITNEY: Objection.

What happens to the document afterwards is -- it's in the course of litigation. The same objection as I said before. Where it goes is privileged.

MR. COX: Where it goes is not a communication. It is not privileged.

MS. PITNEY: You don't know that.

MR. COX: Pardon me? MS. PITNEY: You don't

STEPHAN necessarily know that.

MR. COX: The physical movement of a document is not a communication. It's a fact.

BYMR.COX: Q. My question to you is, where

56

1 2 3 4 5 6 7 8 9

does a summary judgment go after you sign it?

1 0 A. Mter I sign it, it is 11 handed back to my staff. My staff hands 12 it to a notary for notarization. It is 13 then handed back to my staff. They send 14 it back to the network attorney 15 requesting any type of affidavit. 16 Q. So you do not appear before 1 7 the notary; is that correct?

1

1 8 A. I do not. 19 Q. What does your staff do with

1

2 0 a summary judgment affidavit, such as 21 Deposition Exhibit-1, after it receives 2 2 it back from the notary? 2 3 A. They go into our LPS system,

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22

STEPHAN MS. PITNEY: Objection.

Sorry. I don't mean to interrupt you, Jeff. I'm going to instmct you not to answer anything else, because you've already testified that the LPS system is the means by which you communicate with your attorney. The attorney/client communication is privileged. So don't continue to answer the question.

Actually, if there is no question, pending, I'd like to take a brief break to discuss something with Brian Fleischer.

(Whereupon, a short recess was taken.)

BYMR.COX: Q. Mr. Stephan, do you recall

testifying in your Florida deposition in December that you rely on your attorney network to ensure that the documents that

57

123 24 25

you receive are correct and accuratej . ..-/, A. That is correct. ~-I·- I~

15 (Pages 54 to 57)


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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

STEPHAN Q. And is that, in fact, the

case? A. Yes. Q. And your department does not

do any independent accuracy check of those records; isn't that correct?

MR. FLEISCHER: Objection as form.

THE WITNESS: Can you rephrase?

BYMR.COX: Q. Your department does not do

any independent check of the accuracy of the information on the summary judgments coming to you; isn't that correct?

A. I review, quickly, the figures. Other than that, that's about it.

Q. Do you recall testifying in your Florida deposition in December, that the affidavits that you sign are not based upon your own personal knowledge?

A. I do not recall. MS. PITNEY: Objection to

58 60

1 STEPHAN 2 I'm saying, yes, it looks conect 3 in my computer system. 4 BYMR.COX: 5 Q. Is there anything else that 6 you look at in your computer system when 7 you're signing a summary judgment 8 affidavit? 9 MS. PITNEY: I'm sorry. I

1 0 couldn't hear the last part of 11 that. 12 BYMR. COX: 13 Q. Is there anything else that 14 you look at in your computer system at 15 the time that you sign a summary judgment 16 affidavit? 1 7 A. The only other thing I 18 can--19 MS. PITNEY: One second. 2 0 Are we talking about the computer 2 1 system, the communication system? 2 2 I just was asking for

1 2 3 clruification of --

1 2 4 MR. COX: Let me clarify it. 2 5 MS. PITNEY: What computer

------------··-----------·----- ------·-----·--------~-·----·-··-·---·--

1 STEPHAN 2 theform. 3 BYMR.COX: 4 Q. You do not recall that? 5 A. I do not recall. 6 Q. When you receive a summary 7 judgment affidavit from one of your staff 8 members, what do you do with it? 9 A. I will first review it

1 0 against our computer system, which is 11 Fiserv, in general tenns, to verify that 12 the figures are correct. And then I will 13 execute it and hand it back to my staff 14 to have it notarized. 15 Q. You say "in general tenns" 16 you review it. What do you mean? 17 MS. PITNEY: Objection. 18 THE WITNESS: I compare the 19 principal balance. I review the 2 0 interests. I take a look at the 21 late charges. I look at the 2 2 outstanding escrow amounts. When 2 3 I say "general tenns," I mean I'm 2 4 not looking at the escrow and 2 5 breaking it down to the penny.

59 61

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

STEPHAN communication system Tom was asking him about.

BYMR.COX: Q. You testify that you go into

the First Serve (sic) system; is that conect?

A. Yes, Fiserv. Q. Fise1-v. Do you go into any

other computer system at the time that you're signing a summary judgment affidavit?

A. No. Q. And you just testified that

you look at principal, interest, late charges and escrow; is that correct?

A. That is correct. Q. Is there anything else that

you look at in your computer system when you're signing a summary judgme.nt / affidavit? C- --{ - fo

A. The only thing I review, other than that, is who the bonower is.

Q. When you receive a summary .11 judgment affidavit to sign, do you read Jl

16 (Pages 58 to 61)


62 64

1 STEPHAN 1 STEPHAN 2 every paragraph of it? 2 volume of documents that you sign? 3 A. No. 3 A. No. 4 Q. What do you read? 4 Q. Is any patt of your 5 A. I look for the figures. 5 compensation tied to the volume of 6 Q. That's all that you look at 6 documents that your department processes? 7 when you sign a summary judgment 7 A. No. 8 affidavit? 8 Q. Is it your understanding 9 A. Yes, to ensure that the 9 that the process that you follow in

10 figures are correct. 10 signing summary judgment affidavits is 11 Q. Is it fair to say then that 11 in accordance with the policies and 12 when you sign a summary judgment 12 procedures required of you by GMAC 13 affidavit, you do not know what it says, 13 Mortgage? 14 other than what the figures are that are 14 A. Yes. 15 contained within it? 15 Q. Does GMAC do any quality 16 MR. FLEISCHER: Objection as 16 assurance training for your department? 17 to form. 17 A. Presently, no. 18 MS. PITNEY: Objection to 18 Q. Has it in the past? 19 the form of the question. 19 A. I do not know. 20 THE WITNESS: Please 20 Q. You don't recall any? 21 rephrase. 21 A. I never received any. 22 BYMR.COX: 122 Q. Do you have any memory of 23 Q. It fair to say that when you 23 checking the numbers on the Bradbury 24 sign a summary judgment affidavit, you 24 affidavit that's in front of you as 25 don't know what information it contains, 25 Deposition Exhibit-1?

-.. --------·- . -- --·----~---~··-~M ........................ -~--·--·->,-~~0< _____ ~--~-<-63 65

1 S'IEPHAN 1 STEPHAN 2 other than the figures that are set forth 2 A. I do not recall. 3 within it? 3 Q. If a loan has been modified, 4 A. Other than the borrower's 4 does that show up in the Fiserv system 5 name, and if I have signing authority for 5 that you look at? 6 that entity. That is correct. 6 A. When you say "modified," are 7 Q. The practice that you've 7 you stating a loan modification? 8 just described for signing summary 8 Q. Yes. 9 judgment affidavits is the practice that 9 A. Yes.

10 you use signing all summary judgment 10 Q. Does that show up? 11 affidavits that you handle; is that 11 A. Yes. 12 correct? 12 Q. If a loan has been modified, 13 MR. FLEISCHER: Again, I'm 13 is any information put in the summary 14 going to object to the form of the 14 judgment affidavits that you sign about 15 question. 15 that? 16 BYMR.COX: 16 MR. FLEISCHER: Objection. 17 Q. Is that correct? 17 Are you talking about modified, or 18 A. The practice that I use for 18 his term was loan modification. I 19 summary judgment affidavits is the same .19 just want to make sure we're 20 practice that I use for all affidavits. 20 clear. 21 Q. And that's the one that 21 MR. COX: That's fine. 22 you've just described? 22 BYMR.COX: (! . .-f-f1N 23 A. Yes. 23 Q. If there's a loan 24 Q. Is any part of your 24 modification, does information about a 25 compensation at GMAC Mortgage tied to the 25 loan modification appear in the summary

17 (Pages 62 to 65)


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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

66 68

STEPHAN 1 STEPHAN judgment affidavits that you sign? 2 Q. Is it correct?

A. I do not know. 3 A. That is correct. MS. PITNEY: In all of them, 4 Q. And isn't it also correct

or in this one? 5 that you do not check the numbers on MR. COX: In any of them. 6 every single summary judgment affidavit THE WITNESS: I don't know. 7 that you sign?

BY MR. COX: 8 A. That is not correct. Q. Based upon your testimony, 9 Q. You check every single one?

Mr. Stephan, is it correct that when you 10 A. Yes. sign a summary judgment affidavit, such 11 Q. How long does it take you, as Deposition Exhibit -1 that is in front 12 on average, to process the execution of a of you, you don't know whether any 13 summary judgment affidavit? portion of it is true, other than the 14 MS. PITNEY: Object to the paragraph containing the numbers that 15 form. you just described; is that correct? 16 MR. COX: Please answer.

MS. PITNEY: Object to the 17 THE WITNESS: Anywhere from form. Tom, are you asking him 118 five to 10 minutes, off the top of about this affidavit? 19 my head.

MR. COX: Well, he's 1 2 0 MR. COX: If we can take a testified that doesn't recall j2 1 break. I may be done, but we can

so that was not my question. Let 3 (Whereupon, a short recess me restate it. 4 was taken.)

BY MR. COX: 5 BY MR. COX:

signing this particular affidavit, m2 2 take a break for five minutes.

11----·-------------·---------·---- ----------·-----·-·-· ----- ------.. ·--·-·· ... ---- --67 69

1 STEPHAN 1 STEPHAN 2 Q. In your practice of signing 2 Q. Mr. Stephan, referring you 3 summary judgment affidavits, Mr. Stephan, 3 again to the bottom line on Page 1 of 4 is it correct that they always have a 4 Exhibit-1, it states: I have under my 5 paragraph containing the numbers of the 5 custody and control, the records relating 6 amounts claiming to be due? 6 to the mortgage transaction referenced 7 A. That would be correct. 7 below. 8 Q. And is it correct that when 8 It's correct, is it not, 9 you sign those affidavits, you don't know 9 that you did not have in your custody any

10 whether any other part of the affidavit 110 records of GMAC at the time that you 11 is true or correct? 11 signed a summary judgment affidavit? 12 A. Please advise me. What do 12 MS. PITNEY: Objection to 13 you mean by "any other part"? 13 the form. 14 Q. Any other paragraph, other 14 THE WITNESS: I have the 15 than the one containing the numbers. 15 electronic record. I do not have 16 A. I review it for the due 16 papers. 17 date, if that's included in there. 17 BYMR.COX: 18 Q. So all of them -- 18 Q. You have access to a 19 A. So that would be the 19 computer. Is that what you mean? 20 numbers. 20 A. Yes. 21 Q. So other than the due date 121 Q. You have no control ovev 22 and the balances due, is it correct that 22 that system, do you? 23 you do not know whether any other part of 23 MR. FLEISCHER: Objecnon as 24 the affidavit that you sign is true? 24 to form. c-~t- ~~ 25 A. That could be correct. 25 BYMR.COX:

18 (Pages 66 to 69)


1 STEPHAN 2 Q. You have no control over 3 that Fiserv computer system, do you? 4 A. No, I do not. 5 Q. And someone else within GMAC 6 is responsible for ensuring the accuracy 7 of that system; isn't that correct? 8 A. That would be correct. 9 MR. COX: I have no further

1 0 questions. 11 MR. FLEISCHER: We're done, 12 Julia, unless you have something 13 to add. 14 MS. PITNEY: No. 15 (Witness excused.) 16 1 7 (Whereupon, the deposition 18 concluded at 11:45 a.m.) 19 20 21

70

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21

72

I have read the foregoing transcript of my deposition given on June 7, 2010, and it is true, correct and complete, to the best of my knowledge, recollection and belief, except for the corrections noted hereon and/or list of corrections, if any, attached on a separate sheet herewith.

JEFFREY STEPHAN

Subscribed and sworn to before me this __ day of , 2010.

22 122 23 23 Notary Public

24 124 25 25

11------------------·--·--i~-----·--·-··-·------·-··----··-··--·····----·····--·---··-···--·-··--···-··

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

INDEX Testimony of: Jeffrey Stephan By Mr. Cox ......... 4

EXHIBITS

NO. DESCRIPTION PAGE

1 Affidavit 3 August 5, 2009


711 73

I ~ CERTIFICATE I 3 I HEREBY CERTIFY that the witness 4 was duly sworn by me and that the 5 deposition is a true record of the 6 testimony given by the witness. 7 8 9

110

11

12 13 14 15 16 17 18 19 20 21 22 23 24 25

Susan B. Berkowitz, a Registered Professional Reporter and Notary Public Dated: June 9, 2010

(The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)

19 (Pages 70 to 73)


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sor & P\ssociates Rcp<J~i·os. ~nd Trlln:sc.rip~i·MJ, lnc,

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA

CASE NO. 50 2008 CA 040805XXXX MB

GMAC MORTGAGE, LLC,

Plaintiff,

-vs-

ANN M NEU A/K/A ANN MICHELLE PEREZ; DOUGLAS WILLIAM NEU;

UNKNOWN TENANT (S) IN

POSSESSION OF THE SUBJECT

PROPERTY,

Defendants.

DEPOSITION OF JEFFREY STEPHAN

Thursday, December 10, 2009 1:00 p.m. - 2:30 p.m.

Consor & Associates

1655 Palm Beach Lakes Blvd., Ste. 500 West Palm Beach, Florida 33401

Reported By: Jamie Reynolds Bentley, Court Reporter Notary Public, State of Florida

Consor & Associates 1655 Palm Beach Lakes Blvd., Suite 500


(561)682-0905


sor & Associates

1 APPEARANCES:

2 On behalf of the Plaintiff:

3 ALEJANDRA ARROYAVE, ESQ.

4

5

6

7

Lapin & Leichtling

225 Alahamra Circle

Suite 800

Coral Gables, Florida 33134

(305) 569-4100

8 On behalf of the Defendant:

9 CHRISTOPHER IMMEL, ESQ.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Ice Legal, P.A.

1975 Sansbury's Way

Suite 104


(561) 798-5658

Ph. 561.682.0905- Fax. 561.682.1771

Page 2

c --2-~ 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

sor & Associates

Page 8

1 ultimately sign and execute?

2 A. They would review the document that is given

3 to them through our computer systems.

4

5

Q.

A.

Okay.

So they don't actually prepare it per se.

6 They review it for the accuracy of what type of entity

7 I'm signing as.

8 Q. Okay. How many different entities do you sign

9 as?

10 MS. ARROYAVE: Objection: Form.

11 BY MR. IMMEL:

12

13

14

15

Q.

A.

Q.

A.

Can you name what entities you sign

I sign presently as MERS.

Okay.

And under MERS as vice president or an

16 assistant secretary. Also, I sign for GMAC Mortgage.

17 And to be honest with you, it's too many entities for me

18 to actually quote under GMAC. But it is as a limited

19 signing officer.

20 Q. Okay. And earlier you stated that right now

21 it's GMAC, LLC.

A. Uh-huh. 22

23 Q. You do still currently sign documents as GMAC

24 Mortgage, LLC?

25 A. Yes, I do. c -;<-3


sor & Associates

Page 14

1 they have other responsibilities?

2

3

A.

Q.

They have other responsibilities.

Are any of the members of your team, people

4 that also notarize documents that you execute?

5

6

A.

Q.

Yes.

Yes. Okay. Is there a job requirement that

7 certain employees become notaries?

8

9

A.

Q.

I don't know.

Okay. And what type of -- what level of a

10 type of employee would it typically be that is a notary?

11

12

A.

Q.

I don't know that either.

All right. Does the company pay for the

13 process of becoming a notary or the renewal fees?

14

15

A.

Q.

Yes.

Okay. If a notary feels that they are being

16 asked to notarize something that's done improperly, is

17 there a process which they can, you know, raise that to

18 anybody's attention?

19

20

A.

Q.

I honestly don't know.

You are not sure. Do you notarize any

21 assignments of mortgage or other documents yourself?

22

23

24

25

A. No.

Q. Are you a notary?

A. No. C-~-4 Q. How are witnesses ordinarily chosen?

,_ .. , .· ... ·.· . -:-:-


sor & Associates

Page 13

1 information.

2 Q. So the attorney creates these documents and

3 you are relying that the attorney is correct?

4

5

A. Yes.


6 BY MR. IMMEL:

7

8

9

Q.

notarized.

A.

Q.

the hall?

A.

Okay. And then they are required to

Are they notarized in your office?

Yes.

Is the notary present with you or is

The notary is in the same department.

be

it down 10

11

12

13 Q. Same department. Okay. Are they physically

14 present when you (sic) notarize this -- or when they

15 notarize and then you execute it?

16 A. No, they are not physically present. But I

17 will I do deliver them to the notary.

18 Q. All right.

19 A. And I wait for them to notarize it to hand

20 them back to my team.

21

22

23

24

25

Q. Okay. All right. What department then? You

said your department?

A. Right. C-;)._-t; Q. And as part of their job responsibilities,

would notarizing be their sole responsibility, or do


sor & Associates R~rarlling nn1t Tii'.:tn~crip~it:.:n, l;nc,,

Page 15

1 MS. ARROYAVE: Object: Form.

2 Chosen for what?

3 BY MR. IMMEL:

4 Q. The witnesses to, say, the assignments of the

5 mortgage, and the witnesses of things that you execute.

6

7

A.

Q.

They are just chosen randomly.

Chosen randomly. Okay. Approximately how

8 many days a week do you spend executing assignments,

9 affidavits, and the various documents that you execute?

10

11

A.

Q.

Five.

Five. Okay. Are there any specific days

12 where it's one day these types of documents, this type

13 of documents, or can it be just a mix?

14 A. It's a mix.

15 Q. Okay. Approximately how many documents would

16 you say are presented to you by your team at a given

17 time? Is it one at a time, or ten at a time?

18 A. It is done in bulk.

19 Q. Done in bulk.

20 A. I could not quote you the exact number.

21 Q. Okay. Going back to the signing officer as

22 Mortgage Electronic Registration Systems, you said that

23 you are -- you sign as both vice president and as an

24 assistant secretary?

25 A. That is correct.


I

sor & Associates

Page 16

1 Q. Is there any basis for one -- you sign as one

2 versus the other?

3 A. The majority of the time I sign as a vice

4 president. Most times we do not need an assistant

5 secretary, unless they are asking for a second signature

6 on any type of an affidavit or assignment.

7 Q. Okay. And, again, you are not paid by MERS.

8 Do you hold any other responsibilities with MERS that

9 would be consistent with having the title of a vice

10 president?

11

12

A.

Q.

No.

No. Okay. So you don't attend any board

13 meetings for MERS?

14

15

A.

Q.

No.

You don't report to the secretary of MERS or

16 any other people at MERS?

17

18

A.

Q.

No.

How did you become a MERS representative? Did

19 you request to be a vice president of MERS?

20 A. I received the responsibility as being the

21 team lead for document executing. It was assigned to me

22 by our legal area. c-- ;)._ .... 1 23 Q. Okay. All right. So your responsibilities as

24 a vice president of MERS to execute the assignments is

25 really your job perspective, or an aspect of your job at


·or & Associates

Page 17

1 GMAC Mortgage, LLC or GMAC, LLC?

2

3

A.

Q.

That is correct.

Okay. And you've never been to any MERS

4 offices or their headquarters?

5

6

A.

Q.

No.

Are you aware of why you were given the title

7 of vice president versus assistant secretary or ...

8

9

A.

Q.

No, I'm not aware of that.

Okay. All right. I have here the assignment

10 of mortgage which you executed in this case.

11

12

13

14

A. Okay.

MR. IMMEL: I'll enter that as Exhibit A.

(Defendant's Exhibit Letter A was marked for

identification.}

15 MR. IMMEL: I have a copy for you, as well.

16 THE WITNESS: Thank you.

17 BY MR. IMMEL: I

18 Q. In the top left-hand corner it says, Record

19 and return to offices of Marshall C. Watson.

20 Based on your earlier statements, it's

21 accurate to say that attorneys at Marshall C. Watson

22 created the information on this document?

23

24

25


THE WITNESS: That would be correct.


Case: 3:1 O-cv-007 48-wmc Document #: 4-5 Filed: 11/30/1 0 Page 1 of 5 e e

IIIUIII~~~IIIII~ UUI HF NOTE /

Loan No: 040100106582 Dm lD: 826 BorrOWCJ: WENDY ALISON NORA

AD.TUSI'ABLE RATE NOTE MIN: !IXJOl470.16ll065821 (I.JBOR Sl.x·MO«!th Jndelc (As Publbhecl In The Wall Stnet ]oumai)-Rate Capt)

nDS NOTE CONTAfNS PROVISIONS ALLOWING FOR CaANGf,.S IN MY INTEREST RATE ANU MY MONTHLY PAYMENT. TillS NOTE J..J:Ml'l'S mE AMOUNT 1tfY INTEREST RATR CAN CHANGE AT ANY ONE TIME AND TDE M.UIMVM RATE I f>fUST PAY.

June 5, 2002

t. BORROWER'S PROMISE TO PAY

MAD lOON (CUy)

6931 OLD SAUK RD MAI>ISON, WISCONSIN S~i!1

{Propwty Add/..,}

WISCONSIN IStai•J

I.n rctwn Cor a loan tblt J !lave recetveo. I proml$e to pay U.S. S l3S,900.00 (tll.is amount is call{'.d 'Principal'), pill$ Interest, to the order of Lend«. Lender a AEGIS MORro AGE CORPORATION. i will make aU payments uooer this Note in the form o! casll. tbeck or money order.

I undcntand tblt Lender my lra.osfer t.h.is Noto, Lender or anyone who take;\ this Note by transfer and who 1$ c:ntltleclto m:elvc payments under thi$ Note is call«! tbc •Note Holder.• ..

2. INTER.FST lntuC$1 Will be dlarged on unpaid principal until tbc f'uJJ amoUllt of Prlllcipal tau been paid. I will pay interest

at a yearly rate of &610 %. The Interest rate ! will pay may ~ge in atwrdan~ with Se<.-1lon 4 of this Note. The llltetC$1 rate required by l.liU Section 2 and Scaion 4 ot this Note is the rate I will pay both before and

after any c!cfauJI d~bw 11:1 Seetlon 7(B) 9f this Nato. . . Solei)' ror the pllrp0$e of romputlng lnterc:st, a monthly p(I)T!Ieut rw:lved by the Note Holder within 30 dAys

prior to or after the date ll u d\10 will be deemed to be paid on $ucb due date.

J. PAVMENTS (A} 1lme alld PLIKe of Pa,mf:QU l will pay ptindpal and 1nter~1 by making a pnyment every month. I will mAke my monUtly pll)'lmnts on the fiist day ot each month beglnniog on Angust 1, 20m. l will make

111¢$0 paymenu evuy month until! have paid all of the principal and interest and any other charg~ d~bed below !bat lcnay owe under th!J Noto. Eacb monthly payment wtU be applied to Interest ll<lfore Principal. If, on July 1, 203Z, I stU! owe amounts under this Note, 1 will pay th~ amounu In CuU on that date, whJcb Is called the 'Maturity Date.•

l Wlll make my monthly paymenu at 5208 WEST RENO, SUITE 2.55, OKI..AliOMA CITY, OK 73127. or at a differeot place if required by the Note Holder.

1111~ II~ Ill~ 1~11111~ 111111111111111m 1~1111111 ~Ill ~Ill ~111110111111 m 1111 0481001 06682ZI80

case: 3:1 o-cv-007 48-wmc Document #: 4-5 Filed: 11/30/1 0 Page 2 of 5

e e

Loan No: 046100I06S82 Data ID; 826

(B) Alllonnt of M7 JnUJaJ Monthl)' Pa;rmenUI Eaeb oc my Initial monl.hly paymenu wm 1>e in the amount or U.S. S 1,055.57. Thls amount may change. (C) Monlhl1 PliTP~mt Cbanges Cbange;t in my monlhly p-ayment will teflcct manges in tbe uopald principal or my loan and in the Interest

rate that I mll$t pay. The Note Holder wUI determine my new interest rnte and the changed amount of my monthly payment in a(tf)rdan~ with Seetlon 4 of thls Note.

4. INTEREST RATE AND MONTHLY PAYMENT CHMIGES (A) Cbals&o Dale$ The interest rate l wtU pay may change on the first d.ay of 1u.ly, 2004, and on that day every 6th month

thereafter. Each <late on which my Interest nue rould change il called a 'Change Date. • (B) 1be Index BcstnnJng ?Iilli tho tint ChAnge Date, roy Interest rate will be ~ oo ao Index. The • lnd¢1' !5 the avc:rage

ot Interbank offere<l rate~S toT W: month U.S. dollu-detlomlnat((J \lepoill.\ In the Loni1on·n:uultet ('LrBOR], aJ published In The ·w..u Street Journal. The m<»l recent lndet figure a~-a.Habll: aJ of the .finl business day of the monlb !uunedlattly pruedmg the month in whictl the <;bange Date om111 u caUed tho 'Current lndex.'

U the lndals no longer avallabte. U~¢·Nore Holder wil.l choose· a new IMex that 11 based upon C'Qmparable lnformallon, The Note Holde: wUI give me notice of this choice.

(C) CalallatJoa or OWtt:u Betoro f.ICb Qangc Date., 1M Note Holder wtU caleultlte my new Intel(.$! nte byllddlng SEVEN llld 485/li.XXJ

porccntagc po!Ats ( 7.4&5 '}~'.) to tbc Current lnde:t. The Note Holder wUIIhen round the mull ot thls aCdlllon co the neare&t on~ighth otone percen~&e point (0.!25%). Subjett to !he limits sttte4 In St(tlon 4{D) below, tnu toundW llnOIIfll Will be my new Interest nuc unt.U the next Change Date.

The Note Holder wiU then detennloe the amollf!t of the monthly payment that v.vuld be sufficient to repay the unpaid prll!Cip;llhat 1 am expeetw t.o owe at the Cbange Date in tuU on the Maturily Date 111 my new interest rate In &ubstanUally equal payment$. The result ot lh.b c-alculation will be the new amount ot my monthly payment.

(D} Umlts on httemt R.llte CW.US" The interest rate I am required to pay at tlle tint Change Date will not be greau:r than 11.6100 ?& or It$$ than

8.6100 ~ Th~er,my Interest me Will never be incr08St<:l or d~ on any single Change Date by more than ONB pctCCI!tag4 point (1.00 ~) front lbc 1111e of lntert:st l have bun paying for the prc:c.edlng 6 month.!. My lntett:st rate w!l.lncver be greater lban 14.6100 %, or IC$S t.llan 8.6100 '.l..

(E} E'.l!'eetlve Date ot Cb~ My new Interest rate Will b«leme etrecttve on each Change Date. I will pay the amount of my new momllly

pa)'JI)cnt beBfnning on lbe tinl monlllty payment date alter the Olan~ Date until the amount of my monthly pa)'mcnt chanp again.

(F) Notice of Chuata The Note Holder Will del!vcr or mall to me a noli~ of any changes In my interest rate and the amount of my

monthly pa)'!ll~t lloforc the effeWvl.l date ot any change. 7he notice will Include Information r~ulr«t by law to be given to me and also the title a.nd telephone num~r of a perw.n who wJU answer any que51ioo 1 may have regarding the notJce.

j INmAI.S: w±f

Case: 3:1 o--0748-wmc Document#:- Filed: 11/30/1 0 Page 3 of 5

Loan No: 046100106582 Data ill: 826

s. BORROWER'S RIGHT TO PREPAY 1 have tbe rlghl to make payments ot Principal at any time before they are due. A payment or Principal only

IS knOwn as a 'Prepayment • Whtll I make a Prepayment, I will tell the Note Holder Jn writing I hat I am doing so. 1 may not designate a payment M a Prepayment if 1 have not made all the momhly pa)llllents due under this Note.

1 ma)' mAke a full Prepayment or partial Prepayments without paying any Prepa)'lnent ~harge. lf this Note L~ not In defaUlt, the Note Holder will U$e my Prepayments 10. reav~ the amount of Principal that I owe under this Note. However, t11e NlltC Holder may apply my Prepayment to the aci;rved ani! unpaid interest on the Prepayment amount before applying my Prepayment to reduce the PrinCipal amoum of thu Note. If r llUikc a partial Prepayment, tberc will be no changC-' l.n the due dltC-' ot my monthly pa)'lncnts \IDJ~ the Note Holder agrees !n writing to tbo.se changes. My partial Prepayment may reduce tbe amount of my monthly payments after the fim Chango Oato rotlawing my partial Prepayment. Howcvet, any reduction due to fJ:rj partial P1cpayment may tJ.e o!Uet by an interest raw {naeas~. 6. .LOAN CliARGFS

1f a law, whlclt applles to thh loan !UIIi wb.ltb &el.$ maltimum loan cha.rgt$, l.1 finally lnterprcte4 so that the Interest or other loan cbargc:s oollecte4 or to be roUected in connection with thls loan e:a:etd the permltte.d limits, th~ (a) any $Utb loan c.batge shall be redu«< b)' the amount n«e.Ua.ry to reduce the charge to the permitted limit; ana (b) any sums atrcatl)' oollected from me tlat ~w:de<l permitted Umlu will be refunde4 to me. The Note Holder may cbQose to make thll retund by w;tucU!g tile Principal l owe under this Note or by making a l!lr<:el pa)'lllenl to me. U a refund reduocs PrindpAl, the reduction \\ill be truted M a partial Prepayment.

7, BORROWER'S FAILURE TO PAY AS REQUlR.E'l) (A). Late C~ tor Ormb,1e Pa)tlle:n~ lf the Note Holdtr tw not received the 1\lU amount or any monthly payment by the end of 1.5 calendar dli)'S

after the dlto it Js due, t wlU pay a late Charge tQ the Note Holder. The amount oC the charge will be 5.00 %of my overdue pa)'nlent oC prl.tlclpal and interest. i will pay this l.ate cll.&rgo promptly bot only on~ on eatb late payment.

(B) Defattlt If I do not pay the full amount of each monthly p.ayment on tile date It ill!ue, I Will 1.>e in default. (C) AfCdmatJon It I am In ~l'aul&. the Note Holder may Without noll~ or deman<J, unle.u otherwise required by applicable

law, requf.ro me to pay immediately tllc full amount of Principal that ha$ not bun pall! and all Interest that I owe on that amounL

{D) No Wa!n.r 87 Nottl HoW« Even it, at a time wben I am In detault, the Note Holder does not require me 10 pay Immediately In Ml M

Oe:scr!bed allove, the Note Holder will still b.avc the right to do w U l am in default at a later time. {B) ra,..,ent or Note n~e:ta Co$ts aDd ExpenRs U tho Note Holder bas rcquile4 me fO pay l.mmedlately in tull as dcsClit>~ above, tbe Note Holder Will bavc

tile right to be pald bm by me Cor all of iu anu and C1p¢Nt'& In enforcing thls Note to the <:xtent not prohibit~ by appllcabte law, TIIO$e e.xpe~ Include, tor examp.Je, reasonable auornt)'l' fee.s or 15.00% of the suln.$ due under this Note or·lhc lll'DOUDl allowable unaer applkablc nate law.

Case: 3:1 0-cV-'00748-wmc Document #: 4-5 Filed: 11/30/1 0 Page 4 of 5

e e

Loan No: 046t00106S82 Data !D: 826

8. GIVING OF NOTICES Unless applicable law requires a differenl method, aJl)' noliu that mu.sl be given ro me under tills Nore will

be &Jven by delivering h 01 by mailing II by first class mall to me at the Property Addre.« above or at a dliferen 1 atloress if I give the Note Holder a notice ot my different address,

Unless the Note Holder requires a different method, any noll~ that mu:ll be given to the Note Jiolder under this Note will be given by matll.ng 1t by tint class mall to !be Note Holder at 1he address state<! l.n Section 3(A) above or at a different addri:Sl if lam given a notice or that different addres.s.

9, OBLIGATIONS OF PERSONS UNDER 'IillS NOIE Tf more !han one person signs tbl.s Note. each person is fully and personally obligated to kup all or the

promlm made in thl.s Note, including the promh:e to pll)' the full amount ow«<. Any permn who Is a guarantor, surety or eoa:orser orthU Note J.s also obUptoo,to do these lhiJlgs. Arry person who IU.e$ m-er th~e obllgatlons, illduding Uto obligatiotu of a gU411llltor, surety or endorser of this Note, is llw obligated to keep all of the pmnl1ses made in this Note. The Note Holder may enforce Its rights under this Note against e,gch pc.non individually or against aU or us together, T1tis mc:all$ that any one or us may be roquire4 10 Jl&Y all or the amounts owe4 under th.is Note.

10. WAIVERS I and any other pen.on who bas obligations under this Nole wai\-e the rightS or notice of ae«leration,

~tment and Notice of Dishonor. •rresenunent' means tile right 10 require the Note Holder to demand paymClll or lllllOUuts due. •Notice ol Dishonor• mc:all$ the right to require tbe.Notc. Holder to give notice to other penons that aJUO\lDili due have not been paid, . . _ .

U. UNlFORM SECURED NOTE 'Ibis Note is a uniform tns!nunent wltb limited variations fn some jurisdiction..~. In MdiUon to the. protections

giVen to the Note Holder under thJ.s Note, a Mongage, Dee<! of 'Ihl.lt, or S«:t.trity De¢<1 (the 'SecurHy tnst:rJment'), dated the same d.ato as this Not. e. protecu the Note Holder from ~itlle los.ses that might f(~ul! If I do no1 keep tho prOII1isl'i$ that 1 make 1ll tbl.s Note. ThAt Security ln.mumenl de.scnl>es how and undtJr wbat ooodi!lo!ls l may be reqnir«< to make immediate payment in fvU of all amounts l owe under this Note. SQme ol those oonditio~U reacJ 1$ follOM:

Tntnsft!' of Ute P~ or • ~n~dal lntel'ell In Botr'01!'et. As wed in thl.'l &ctfon 18, •loterc:<$1 in the Property"' meaM any legal or beneficial Interest !n the Ploperty, Including, but not limited to, those beneficial Interests tra:n$!erred ln a bootl for deed, oontmt for dwl, installment sales contract or esaow agreement, the Intent of whiCh Is the ltansfer of tlUo by Borrower at a fuiUre date to n purchaser.

U au or any part of the Property or any lnter«t !n the Property is wlci or trarufemd (or lr Borrower b not a natural ~on I!Dd a beneficial interesl in Borrower is ~old or traruf<~rred) without Lender's prior wrlttCll ronsent, Lender may require lmmedi.ete payment in ruu of aU rums secured by this &x;urity lnstrumeut. H(II.\'(';\ICr, this option tball not be exerclsed by Under If such uerc.Ue 1$ prohiblte<l by ADpll~bl¢ Law. Lender lllso shall not exercl.se this optiOJlll: (a) Borrower cause1 to tle submlttoo to Lender inliil'mlltion required by U:nder to C'VlllWite the Intended transfer~ .u if a ocw lonn were \!cling made w the UWfCI't>e; Md (b) Lender reasonably detmn!n~ that Lender's 6«:wil)' wiU not be impair«! by the loan assumption and that the risk of a bre<~cl! or any c:ovenant or agreement In this Security lnstrvment ts a~ptablll to J.,ender.

1b tM cxtCllt permitted by Applicable Law, tender may ellarge 11 rea.scoabte re~ as a oomlltiou 10 Lender'$ ronscnt to tbe loan assumption. Len!ler al.so may require tM transferee ro sign an assumption agreement that 15 aw:ptablc U> Lender and that obUgal~ the 1r:uuferee to lc(.cp aU the promi.sJ:s an<1 agreements made In the Note nnd lo t.b.u Security lnsii'Ument. Borr<JWer "ill rontinue 10 be obUgatoo under 1110 Note and this Security lnstrvment 11nle» Le!IUcr releues Borrower In writing.

. Case: 3: i 0-007 48-wmc Document --5 F.iled: 11/30/1 0 Page 5 of 5

L.'>an No: 046100106S82 Dat! ID: 826

WITNESS THE HAND(S) AND SEA.t(S) OF 1HE UNDI!RSIONED.

·~~ (Sign O!lglnaJ Onlyj

PAY TO THE ORDER OF

Case: 3:10-cv-00748-wmc Document#: ~-6 Filed: (I):B/GID/1 (I) Page 1 of 6

Loan No 046100!06532 !3()1f0Wer: WENDY ALISON NORA

ADJUSTABLE RATE NOTE \\i:\ H\J:.\H7\l.<t6l W65~?\ (I.H!OR ~h>Mnnth lmh:.x (A:o; l'u!lH~hed In The Wail Str"t'l~l jMnn;;ll-RIHt,· Cip-,i

THIS NOTE CONTAINS f'ROVtSIONS AJLOWJN<; FOR CliAl\'I.:!:S !"l ,'..1)' !:'<TI':RfST HATF AND ~fY MONTHLY PAYMf~NT. THIS NOTE UM!TS Tm: IIMOt11'\'f MY ;NlbHEST HATE CAN CUAN<JE AT ANY ON!': TIME ,\NJ) Tin:. MAXt1\fti'\1 HATE ! MUST Pr\'1'

June 5. 2002 MADISON W\SCONS!!\ lClt!} tG;,)~~J

693! ()LL) S.,\\JK R L) h·L<\DlSO!'l '.V!;)CONSlN ~;;>? i 7

(P'IC•?<:")' ft;lt"l'tJ$>}

L IIORROWER'S J1IWMISt:: TO f'A Y Jn rumrn fbr a loan that 1 have rcn:ivt.~o. l promtse tQ p;w C S :S D5,9<XHXJ .G.·· .. n: ·'- ..:~1\!.:d • Pnn..:n1:rl' '·

plus hncrtst, m lhc <.Hdcr of t.cndcr. Lentler is AEGIS MORT(1AGE COHPORA'DON. 1 wili mzd;c 3!1 p:l~T~tn;~ un!ler thiS Note in the form of rnsh, check m money order

I understand that Lemler mny tran.sh.>.r thi~ !'lcli:, Lender i'f anyo11<: wlvJ l;okcs tim N'.>k ~o:.· ~r;w~f.;r an<; wno ls entitle-d to tc;;ejv~: p;~)'111Cn\$ under this Nntc is c;l!ii~.l H;~: 'N(•lt Hnlrkt •

z. IN'l"F:Rr:ST tntcres' will he charged on unpaiJ princip:l! umH the h1t! ammnu of !'rinop:Jl !li!S P<:<.'n p<tiJ. l w111 p;iy im~:!'f~\'

at a yearly nue of 8.610 %. The in1eres1 wu: l wi!i pay may <:!Htflgl' in n.;:(:or\l:nH:<: w:\rt Sect ton 4 of lhi~. !'<me 'Ole interest nne req<;ired by this Sccllcm 2 ;:Jad Section 4 of this r..:mc L' q,,~ raw 1 wlil pny \•o!h !){~fore and

after any default descrll)ed tn St.Kiion 7(13} of \his Nt1tc.

Solely fot the purpi..1:iC of :;ompvling intt~resl, ;; month:y f>:~Ymenl n·c..;l':c<l by Ht¢ i'-:c\t Ht··!zl\~r withn; \H uar' pdor ~o or after lhc rll!!l.' H b• due will lx~ \ltcmctl in be en s~Jch fhiCO dat~·

3. J'A\'Mfi:NTS (A) Time nn!l Yiltl;'~ ~}I Puynwnts l will pay prindp;,l and lnler<:st by making '' pJ.yr>'lt:l!l c>erv !>1iHllh

I will make tn)' 11\\Hilhly paymcnls {Jl\ 1tw ht~t •lny of caz:h mcmi;· ,,,.l /'mg\~>t i, 21~Jl : .v1t! ItLJi.<:

the$~ payn1ents cvc1y momn llntll l !;aye pair! ;.jlJ o! the pnndp;li at:t! lnttrcH .1;1\J an·. •)\'her d:,ll)~ts dcscrlb<:t.! b<:lnw thai l may !1We unrter rnis Nme. Enc.h. rnonthl:r payment ,,,.ill bt <~pplkd l!.t Jll(l.'fl'~~ t1cfor>: F'rincij>:il lL 0!1 Juty t, 2032, I still owe amounis under this Nutc, I wlll i>ay thosl~ ilmourn;;. Hl full on lrtai dnlc. wlnch is -:-:iHe\llht: 'M~lt.H\1\' ~~ .

l will make rny montllly payntcnts nt 52!18 ~VEST Rct~O, SUl'rE 255, OKLt\llOM."~, CITY. OK 7:\\27, or ;11

u different place If required l'y the Note Ho!<let.

MIJIJ\S'fAi£ M,.lUSTA.atE MTC NOT~·i..'UOH S();.MOO'lii !NDI."X {1~S P'UDUSHfO lN THE WAll. Sffif£T ,JQURNA\J. Sh;.1b fl(lttf'~ f\~ UNIFORM IN~TIWMOO ~byt~~&Gim'INI. f<Jtm;!S~o ;,o,

I lll~lllllf IIlli 1!111 tlllllltllllll! flfllllllllfllllliflllllllllll \!Ill iliff IIIII Ill! 1111 04<ll001005.')z;?j 1!0

Case: 3:10-cv-00748-wmc Document#: ~-6 Filed: (J):B/G<D/HD Page 2 of 6

(11) Amount of M.y tnil\a! Monthly l'nym.:nts Ewch \)(my in!lial nmtHhl; piiyment<; wiU lx: In Hit.· ;Hnmw\ <A t' S S i.05).:;t Th< :H;,,.nH:t nuy cn:w~c (C) Monthly l'nymcnt Change~ Changes in my momlll)' p;.~ymem will rcHeo ;;h:>ng1:~> ;n the unp(1ld pnnup1i. of 'W~ ln;\n ~n<.! H\ thr: it;icrcs;

ra~c, that l nlUS! t~ay., 111\': Nl)~e. l1n:dr-r \Viti detCf HHi!t; fl'.Y th'\\' J'Ptt:tt!·::.t 1 ;tH~ :'nd nn~ :-n;q~~:cd z~ n1• ~uri 1 n:' rov rn<~Prrn~v rmyrnent in aceordtmcc w\lh Scc~:on ·~ Gf this N~Jtt ..

4. lNTC:REST RAH: ANI) MONTHLY PAYMENT CHANGt~S (A) <:hnng\1 Dales ~rne lnlt~re.st H1tc l will prq ma.y ch.ange 011 :.ht' ilrst day i~f 1u!y, ZfX.lc1, ;qv! o;>n 1b,1: <:Lty every fi\h nunth

thereafter. Endl dult: Ol' Wilich rny inlcrcsl mte cm;l<i ch~mgr: is uJllc<:! a "(:hang<: D:11.e' fll) The lnd~:x Be:glnn!ng wi!h lhc lint Change Dillll, my intere;;;! r.l!c w<O be l);;s~,;'J on ;w lm:l.;.; n;e "!ntlo.' !~ the average

of ltlletb;mt:; offered m1e;; for 5\X moruh US. 0Gll0H1enr.:mtn:,~<::d 'kf•G'iHS ;n !llc '..··mien nnri\tt p lBOI~' I· ,1.~, published In 'The \\'illl Street Joum;;t! The mo~! rc~.:;,·m lm:kx ;n.\lH;,t,lc ,~;:, d ~~~ ... fl!"S\ hu;.:n~.;.~, <la; ol thr: month tmm(~4iatc!y prcc't'>ding lin~ flh1iHh ill v,·tttch the C!l;mge. DrtH; ncv,Hs c;:\kil :lw 't\:rr.:n• lndc.x.·

If the lmicx ls no lon~cr :waili~hlc, 1!1(;, Nntt Hoh.k:1 vciH .;;j·•.n":·t a !Wv. mde;<. 1b .H b r:~~·\\ll 'Hl"il comn:jr:1bk infl,rmatiorL T!w Nme HtJhkt w1ll g\vc me nn:n·.o ~;f :'•!> cl:c:::z; ' ·

{(:) Ollt:ulation of Chang~s Heforc each Change D~t¢~ H1c f'{(!tC t·inJCer \VlH ~1kttbtt tuy tii~\~- IHH':re,:t\ t it~t~ f;-; St·:V~EN und 4S.S!l0t~)

p~:r~.e!l\ilgc polnt:s (!ASS !U lfll; Cuncm l:l\'k;\. 'Hl<: "'''lf: Hu:ckr wm l~HT h>i.lt•d lh~ f<>,;dl of lfW• ;H]!Jm:;,n (()

the nenrcst QllC"'elghth ~·:f r>rH: fH.::-t<~.1:tagt~ (0 l~.:··:.t~~":) Sut""~e,_·~ {tit~ hE~:!{:> ~c~'. :t\ \:.~;:;i '?, 4({Y; t·t~:>\; ~~,;5 rounded dfllOlHH \\1 ~11 tn~ tns nC\\' uueH~-,, !fj{C vnHi th~ nt:\t C."h:1J1ge {)~ltc

Tbe Now Holder will \hen uNi.mnine the ar:munt of the rnnntllly pay::l<·n: th;i< ":<:lid t; •,u!Hcwnl lc' rqH:r the unpaid principal that l am expc(~INI to owe at !h{· Ch:1ng•: D<tlc Jn fvl! on Ill<: !hw a; my m:.v wtw;;st

r;tle in Slli)StanlinHy equal paymems. The t<.':Sulr ol t!l;s c:.;;lcu!;Hior~ '"m be H1<: n,;:-..,· <~mount ol nw mnnlllh p;wrnt·nL (0) UwJts 011 lntere$\ l~ult: ChunJt\•s · - ' The lntc«J.<>I nw: !.am re•luircd w l'Hty at ihc flt:>l Ch;mgc Dale will rw1 bt gt<'al<:r HF,n l1.6Hl0% nr k.\s nnn

!l6100 %. Thereafter. mv mz<::res! rotC willnt·vn b;;; incrt1>$t'iJ. or tb:rr.;~st:d •.•n 3!W Chongc D;ae by more ;han ONE pt:rccn1agc· pnint .. (t.OO l/{t) fFttn the nne t::! H}tttCS{ l hi\Vr hten p;.\:,.T~ts. fqi pn.~;,:;_~tj;ng 6 Tl\Ontfl:~- f\.-1~-HiiCII:"l HllC '"ill ncv<:r be gr;;m..:r lhili! 14.6!!)) '?;\ \lf !tll> tll'"' 0.6Hll ,,,;.

(E) f:ITecth~< nate <.1! t7ltnnge:.

My new inltre~>t nne •.-·m bt•t:omt! effec!lv~t, mt c:Kn C'h;;nge Date I wil\ f'JV \h;: irm•;urn o( my new munthly i>ll}'ment beglfl!Hilg on the first monthly paymt:nt d;He ;1her thi.' Change D.:Hc \lf\\il 1hc ,,11\,J\!fll of :ny montllh payment change>. ag<tin.

(rr) NnHce of Change:»

The Nnw Hokll:r wilf •kllvi:r or mm! In me ;1 IWilq; n; any dmngc,, ifl n'< il\H;rccl rc;;c .;ptl !he ;WHHH1! nf l1W

monthly p::lJnH:nl ht;fbre ;he !~tletZ;HVt date of an:· .;;)1,Jngt Th.s:: netic:: \ .. -jp H1CHJ::F~ ; -n: 1 :J~:{;n t'·Y fn:.v ~u be given 10 me lHld ;\!5<) llH~ tilk iiiHl !c!Cphonc m;mt>n d ;, jllT:·>':t c.v;,o \\lli .PF···":' a, quc;itll>n 1 111 ;,·; h:.vc re.g;n<ling tllc nom:e.

MWISTATtl: AOJIJ$,1'.\ate MlE OO'fa.OOOR \iiX-MOmH INDEX t.a.s PUeU~!EO itl me WAU Slf<'l;!'T ,lOOf\N,t.,tj,. ~ f~f'>Ultlllt ,_bit HNlFOf!M WSTf!UMI!JH t~ tlv Mldd~il. ~ 4 Gi:tntMt !'wm J5N \101 rPm; 11 2 0r 5 p119,,;:

f-·-·-~~.,,~~..._....-,~ ...... -~-...-..-.-.____,__----,.,,.r,..·""""" .. ~"'~·--"""-... ~-~

! INITIALS: Uir:tA/ l l .. ·------·---~------~=::.=-::.:~--··==~:=:_. __ .1

Case: 3:10-cv-00748-wmc Document#: ~-6 Filed: ID:B/80>/1 0> Page 3 of 6

5. llORRO'WER'S IUGHT TO PREI't'\Y l nave tim ngh1 w ilh<kc pilymcnt~ of J>rw:.·1pul <H any ww:: hdn< ihcv ·"'' ;'\iC .:, p;vmc.nt of Pnnnp:)l m:h

is known a1i .a 'Prt!pZ\ymem • When l mak.;; a Pn:rmym~m. i wtl\ id\ 'he !\nw H'!idt:i 1;: Unt \ Jm dt)inr 1 may 1\ot dcsigrmte a paj'!l!~ll\ a;; P;epayment if\ h;~·l.;: no\ n1·1ik ;;.1\ lhc nH>mnl:; px,m;•:nt:\ <he nntkr !hr; f",;;c

1 m11y make a ful! P1~p:.1ymen: or parwd PrcpJynwm.s w1;::on1 PJYl"¥ ;;nv durit ll !lw hntt •s 1\0! in dcf\lol\, the Note Holder Wti! us·.~ Hl)' i'Rp<!ymcnl> !(' :Hi me the a moun! "i Pnn1 :h.t: l <N;c tliHkt :hi.'· Note. However, the Note Hoi>lcr may >~pply my Prep,Jymtn\ tr• H:<· ;Kt:nH:d ant! unp:m~ n\cs':q un IlK f'rt:paymn1l <~rnoum before applytn.g my Pu:p<~}'111Cfl\ w redno: ihc l·'mK1p:,: :,mnutH ut llm ;>.lute H I rn;lli(: a piltli:<l Prepayment, there will he IN change~ m the due date); of my mQn\ltiv pavnH~nt' uiilb'' the :'leu: Holder :q;r<:~\~ in \\'fil1ng to HlO!!C c.hange,\, My partial Prcpaytm:nl may rcoucl.' !he MmH~tH Qf my p.~vnwnt> aftc:r lh~ Cir''' Change Date f\}lhii.\o1!l!J my pilnial Prc)'l~\ym<m!. However, any r~.:lJtlion ~.~~~~· w !11} Fr-::pymtn\ mny b<; nib:\ by an interest ra\e· incre:>.se,

6. 't.o,\N CfiARGl'S If "~ lt~w, whidl <tpphe:s w this Jp;m ana wlw:ll ;;c:t~ m.t•cnwn1 !;>::Ht :'- r:M:U; ;;11\:qH('\\:.ti :;o ll',,l\ \h:

tnlerest or other to~to t:htHge~ roHe~ctcd or \(l be t~OH~ctcd tn -conn~.cnon v.-qh U~t:-; !~.-~~~n c~ct<.·d tih.~ r~~-tnuttt~d HrnHs~ I hen; (a) any 11\ICh loon cha~ge srm!\ be rt'{llltell hy the a:mmrll n<;>;<C.S-5<HY to zc·;Ju,:<: rt1c: .:l1a: g;: If.> \ltc'' pctrni\tcd li!lli!, i\!'!U (h) any ~ums a!r;;:\d) ooile<:tG<:! hom !ni: th;J\ CXt:GCded r~:rm\t:::<l lim!h \\,ji,\ i:;<; r<:lun~lf:U ((> me· Tn.: NPt~ Hnlder mny cnon$t: w 11\tt~c tlti;:, r~ftHH.l l>y rducing \he P!inc:p:!i l nN•: \.\ndu '·''''' :"<1 1c m;d-:w; a Olft'.,'. payment to me. H n rc.fund reduces Prine; paL the reu1!rl!on will ht: HcMo! ,;, :> pun '''i f'r;:pvm.,:m

1" lJQRROWint'S Fi\fLUI~I:: TO !'AY AS REQUil<lW (A} Late Chul)l~:>l! fer O'<e:rdue l'nymenl& If !he Note Holder tt:<~ nnt H\teivcd >he lu!l ;Jm{)Ufil of 31l'<' nwnllih p;wnlt:ft' h <':<· end t:f J5 ca!(•:1d;;: \ia>,",

ilfter tlie date il b due, t wHl pay <l l;;tc ch:~rgc It' lhc ~ •. :·!t.: !J,)I\Jcr fht ;!!1t:<~n! .'1 ·,t;;: w1ii he 500 ·X·. n~ my <..Wcrdue. pll}Tllt:nt ,>,! l?rin,;:~p~;! anu lntr.rt:st i wH! p;1; t!m 1.1te d1aq~<: pHc'PW1i\' t•;P once r.•n t:Jd\ LH<-paymcnt.

(B) (kfuult !(I dil not puy lhf' fuli unwmH of <:<Kh m<Hilhl,- p·J'imCI\\ on !hr.: ,!;.lc it;:; <ltlc, l '-'oill b: ,;~ (Jef.wll (C) Accdel1!1l1Jn lf I nm !n dcfuuH, th:.c N()tc Holder may v,ithont noiit:c or \kH1and, 'Jnl..:ss !.Hh;;rwt:;,; rc<.pJig:.d bv •nH~!lratik

law, H~{luirc rne !O J'llY irnrneuic:m::ly the f'ull;;mourn nf Frmcw;c;l 11m hiL'i not recn r<Ld a!·,,i :1H ;ntc:n~-;·1 rri,tr 1 •:?"'t on that amnltnt.

(D} No Wuh·c:r lly Nof<: Holder Even if, lH n tnnt' when I am in rkfaull, !h~~ Nuie Hiildt:r dee.:, n<.H re<Jt>ift.: .-w.: ;n p;ry Hnrm:(J\ately tn fuB ,15

describ-e-d aiHWC, the Now Holder will ~llll have lhe righl i.o <h! s11 if ! am in default "' n hw:r nme (E) l1nymll'm M Nvte Unlth::r's t'Q!il8 und Expense~ If the No\c Hok!ct has requ.ired me to pa; Hnmc..;ll..lttdy in full as dco;cntl.;d :1bO'>'~. li'c N('t\i.' Holder wm Mv(';

llle rigtn H1 be paid back by me for all or its <;<J~l~ and c.lpcns';" in en!mcing thi,; No:c '·'\ lih; e-.:wn1 no; potniW<~tl by appli~.ablc law. TIJO$C i.lXpen$CS hwlude, r,:r c:<<~mplc, rc~tson,;ble amcrncys' f<'"\ ul 15 LXI'Ji, of the 'iurts Jue vndet this Note or !he amount ai!mvr1blc umler app!i<:ilbit ~LW: i;•w

r.IUU'Il>l'All: AO.ItiS'I'i\,ffi£ f!.AT£ tiOH'J.IJOOR SIX-MONTH IND~')( (A..S PVSUSH!:O IN THE WAli Srl'lH;T .JOU!lt.V\l.l· ~ ft.•"rf'tlMlo tM!Q U~if'<lf:\M JN1.fmUM!:'Nl ~by~'~ I< <l~ Form :15(~ HH /PI!Cf/J :) of $ PiF)OJ!

r--·-·~-~-~--~---·~~N .... I INITIALS: l/tl"rfl) l L4~ ... ~,-----·-·~-~~~~:_~--:_. ;--:::J

Case: 3:1 0-cv-00748-wmc Document#: 4r-6 Filed: ffil/B(J)/1 m Page 4 of 6

S. GiVING OF NOTICES Unless applicable law rcquirt,!l a dHh:rcrn mctho\l, M:v rn>t;·:e. tt1:.;t n~ti~! h g;•.<.:n ' me nn,ln lh;:; .\'me wili

be glven by ddiverlng ll or oy mailing ot t•y fln;t das~ nwm w tnt: ;:;; <~w 1\•hH<:.~, •:\>t.wt or ;H ,, d;Hcr(::H i!ddress if l give the Note Hoiclei il notk't:: of lll;' dlifc;t:!ll a:Jdrc.~>

Unle:>s th(~ Nute Holdct '"4uirto~ ;1 di!ft:Jcnl nwnH.J.t.!, ;:;:w n;V.J'.:~:· 1tta: !l1'J'·' ?lvt·r '<:n,· \·h.-'llin ·,;nrkr ;hi.> N01c will he !P'-'<'.0 tv mniiiflg H by lir\t t..bss m::~l l<> 111~· NoH' i 1o\dcr Hl .;,t:Jr·· ., ,,,,,.d n; Stnton .\ '\) above or ;\t u diff~,rc-!H addrcs:r, lf i :arn ,!-.,lvt~n :1 !iuth:c nf tt~a: d~ih~rt'n~ ;IdLlt~::-!-.,,

9. Ollt~IGATIONS OF PFRSONS UNUEH Tll.iS NOT[ !{ mor<.! than nne plit.'\on ~igns ttm NlHi:, ~iiUl JWrH;n '' :11\ll

JHOn1L~es made \i1 !ht~ Nme, HJdw:hng the pmm)~C HJ p:1:• lilt:. iul( ,1fl1\lU!1! O'~'ctL t\rw sure\~ or endorse! of thls Nt)H' I> also obrl£'lltd w Ju !!\c.st:. :hmg:; ~~ny prp;.,n wtK• '''fl the~,. oli!igai:ons, wcl\uhng !h<t nbll&anmt:> ot ::t gmn<lllliH, 1il.lft~tv or t:ndorser Ul lim N<~!c, Ve abo to '>.tX\' ;lli of !he pr<)iHIV:!•

mudc in this Nme. The Nvu: Holder may '-'nfl'r.:~· :10. \11FJq um Nuie ''"'lil'•'·' c.<<il \'!!.T';m ;nd!vtdua'h •x ngalnst all of us wgct!H::r 'T1ns nH;ans that Mli .::nc f:i ;u n1:h i:·:.· L:•piH(:tl •.c• i'i!V :d; ,

this l'kllt'.

Itt W:\fVHtS l and uny nth!~l pcn)et~ -.~·hu ha\ t:n;;~cr Hn~ ;'\\)H.'· w.Hv>::

Presentment and Notlt.c of Dlslmnvr. Trt·.::cmmcn:· mc:an~ <h:: payment nf amounts thle. 'No!!cc of Disnorwr' mt:.?l1$ lhc tight 1'1 rcqnHt l!·c person~ !hat nrnoull\,, \lm' l:i<l'"i: not been pili<j

tL UNifORM SECUREO NOTE T1ns Note i& a l.l!llf;)rm insl.rument wilh Hr;<Hca v:nianon'i m wrm: !r .;<\.!1\v·n \d ;!;( pn!t~~~~~·Ht>

~tl\'\~U tO the Note l'folde:t under ~hii. Note-; ~l !\1ttn_gnge., [H.·~Aj {1{ rntH, {H Set,,!f1!V f)~>.'.d ;:~h( ··s~~('liOty ~Hs\nH~".C'-:"::~~. dated the. ~ami: tbte ;lS lhr;:, Now, pro\ccts thc Note Hold,:T rrvm 1K%tn\c lnsc~ri> ;h;;•, n'H\1. ;f l ,!n nut k•.'>:p the promises tl\;}1 i mal\C. in this Note. That Set'unlv ln~Hvmcnl dr.scrlhts f::·,•_r.· ;wd wll;ot romlll\•.>m l mav be required to lnakc irnn1cdb.H~~ paynu~nt }n fu:i of aH :tf'It.nnn!~ i ovr·(:. unt!t.~r !~ri·_., ~·~~.'l.c Snu~t: pf th·~.~:~t~ c:.\nt11t1',.\nS read a.s foUm;.~:

Transfer of the i"rul)(:rty or 1a lh~ncfic!ul Interest In BmTnw;;,.; />,;, u:;cJ 111 tt;;' Szo;;;L~n 10. '!n\crt~.~\ :n the Pcop<:Hf means any 1cgai ('r bcncficlal inten:.->t in th\: l'wpeny, bur nrn tmnted 111. Jho:,;: bencfi~:;ial hHefeMs uar~~ferred in a lJqnd for <.lt:td, etmH;Kl. l.or ;Jt-cct, in~\aHmcnt ''"!''" C(';Hm~! o; <'>.C:•JW t~grce-mt.~nt 1 lht~- frHtn~ of \~'htch ts. t.he t.ransl'er of t\Hr.;: ~y fh1rn,~,\tf ~tt ~\ !u;ore tl{!~<· !11 s ~11.nst;a~r·r

H nU or ~1nr! p;;n cf th\..-, Prnpcn-y or ;HY~· htH:rC~'-i ~n \h··~ L\, ·· ,J ~:.:~n:··k: · i~ Bont"·"·~:r h not :il na\t:rai Pt<~r~oo .. 111d .J nin(;fi..:tnt ~nH'!'CY, _}n Ho?r::--\;·~<1 1:;· l:·c~;~'-ff·rr·~·,.,; '.:'-. ih<·v~ Lf'iF{cr\ p; vait\Cil (:Otl~e-n1I. Lc,n(.l-rr rF~i}' t-equac innnc-dhlt"~ p~:rru:n~ ~n fun "-f'cJn·c: h/ uns s~:\_~ur;~t lnstnunem. l1ow~ver. :t;;;; option iihail n·JI ill~ 1ixcn t't:'tl b;· ! t,:n•.kf n:cr N' l\ Nd'nll'ltd h Applicable Law. Le!hl(;l al~>;; ;;hall nm (~;.,c:nst' ihii opuon d· r;,; Bor!I.IWI'! c::nt'('S tn !'< ,,l('n11lted I<< L,~m!·~·r inforro~tlon r"xtuircd by L.en!Jcr tn {fVf!!uaw ill:: iiHer.r.!c\1 tr;ln~!t:rcz: ::~:; if'' new l!Pn ...,.;::t: t•~ing made w the transferee; and (b) Lcnd~;:r n:asnMbly !l<.HCfiilire.;; ll\:1: t'~iHkr\ ~.ecurilj wtH not bt~ m>patwi P!' \he [O<I!• assumpllon nnd that lt\c r!s'k of a bre;Kh d am <m'''l'l.:H'<l or nJ;reemc~rn m tlm Sc~\lritv .lnslium(;n; I$ :n:ccptabk to Lendt:t.

~'IU the cxt~:r11 ptrn11Htd ~'Y ;\ppHr2t:lc Ln·v~\ L.end~.r n1:ty \h~Hfc .!<~t~!}n~t::'h' kt.: ~h j'; \Ur.d 1non 1r: Lender's cons.fnt to the hJan a.s.surnptvJn. Lrn~Jcr ;1t~.n flE{'f rcnuHc ~ ;f<Jn:-fr:h·c (O .··it~fj :n1 it\t·utnp}H:nJ. atJfCctncnt th.:H t:~ tlCt?tpH1hh.: to Lt:,ndT..~r ~n;d thllt ~)b\iya~t_-,':, th~~· ~;:_;fl}f<,·f4'-C Jtl ,:nd agreenltf1L'; !ntts;:lC Hi 'he NQ\C Hr!d in this St~C\ifn}' 1nqp.J:,Ttt,;"~L n(~-J'iO\\'(':f •.v~H the N·ote and tln~ St'.'t~tfjt:y la:.~n.unen\ unh:·~,:., Lt. !t~h.': r~:k;\!t,~. Hi'fr(1\'•'...:r ;t\ '.\·r·

MU1.Ti!>1'Alli Ar~Jl.~Sl'Aa~£ MTI'. NOifS.lJ~OA SNMt:Zh'Tli IHl\Ct. V\.'1 P~JliUSHf.i) IN THE WAU. ~rtl1l.'.tr .!"·U>'>.NAi~· ~ ftffl!yf'wmlc:> r&.,. Uti!f<lf'Jtt ti•'StftUMENf ~~ t:t( f.~'~;. f~lltl 6. OJann!> f·o<r> :tS:>f.l liUl (P<1!{l> i 5 P.oon.,;

Case: 3:10-cv-00748-wmc Document#: ~-6

PAYTQ H.l£ ORDEH Or. . . . . RESIOErrrtAL FUNDING CORPORATION WlTHOUT H£C(dJ!~SE Af.()l, MQHTGAGf.. GORPOHAT!CN

L.,..,.y'~- ll~_L[~~i!. McCOY /\ 1 SECRETARY f :

\/

Filed: 0>~/GID/1 (}) Page 5 of 6

MVI.T!STATE AWUS"t~ Ml'!ii ~c;rre·l.,!lj(lft 6!>\.f.lOt-t!'H ~{AS PUEU~ltH.'U IN HIE W•\H. STHU:r )t)IJI';N/liJ $1-~Ji,> 11ltll!-,•~ ~ !JN\FORM INS"ffiVMEtff ~~tit~~ ~' & OWtna f:o!rn 3~~2t.t 1 JOl !Pn:J'J f, .-;.r ~~ Pn9U-1/'

Case: 3:10~cv~00748-wmc Document#: i~6 Filed: (l)l/G(l)/HD Page 6 of 6

I I ·I~OR PURPOSES Of FURTHEH ENOOHSEMtrn i)F THE IOU 0\VtNn DC;CF:\BU) ~:·nT n!IS 'ALLONGE IS t\FFIX£D AND 13t.COI\1E.S t\ PERMM"ENT f'/d~ OF SAiD NOH;

"--~ ~ --~·~'"-~ .,-·«<·~-,~-- ~~

POOL· 0 lllll!IIUI!IIIlll!llt !!Ill UlJilllllll!1111l

NOTE PATE: 6J5i2002 LOAN r'I.MOliNI

SOR!~OWER NAME Wf:N{)Y A NOHA

PROPERTY ADDRESS 693~ OLD Si\UK HD M.u.D:SON i!Vl ST! 17

'N!THCJUT HECOURSf3

The Bank of N,:;w Yor¥, Trust Company·. N.A as succe,-,soc I.:• JPt·Aorgan Cl~ase R:;mk N A. as Trulitee, Resklent!ai Fur.dir~<a Company, LLC fki:l R~;s;·:!eni>a: Fundmg /\tlorney-ln-Fact

Case: 3:1 O~cv-007 48-wmc Document #: 4-7 Filed: 11/30/1 0 Page 1 of 2

MIN SUMMARY

Summary

1000147-0461106582-1

6931 OLD SAUK RD MADISON, WI 53 717

Reg Date.

County

Primary Borrower

Pool Number

Note Amount

Servicer

Custodian

Investor

Subservicer

Interim Funder

Originating Organization

Prope11y Preservation Co.

Batch Transfer Type Number No Pending Batches!

Page I of 1

--------·--·····--·-

Reinstated m· modified (option I), !'\ot assigned back to MERS

06112/2002

Dane

NORA, WENDY

RASC2002KS5CONF

$135,900.00

MOM First Lien

QR

Investor Loan Number

Note Date

1000440- Residential Funding Company, LLC

1000573 ·Wells Fargo Mortgage Document Custody

1000545- RFC Trustee 03

1000474- HomeComings Financial, LLC

N/A

N/A

N/A

Status

Pending Batches

Transfer Date

N

7762925

0610512002

Sale Date

https://www.mersonline.org/mers/mininfo/minsummary.jsp?aux=5E694490C6392535FEC07CDC... 5/13/2009

Case: 3:1 0-cv-007 48-wmc Document #: 4-7 Filed: 11/30/1 0 Page 2 of 2

MILESTONES for 1000147-0461106582-1

Description Date

Reinstated/Mod (opt 1), 08/2li2006 not assigned back to MERS

Foreclosure Status 08/21/2006 Update

Foreclosure Status I 0/10/2005 Update

Foreclosure Status 08/23/2004 Update

Transfer Beneficial 09/10/2002 Rights - Option I

Transfer of Flow 0110512002 Servicing Rights

Transfer Beneficial 07/03/2002 Rights - Option 2

Release Interim Funder 07/0l/2002 Interests

Registration 06/12/2002

Initiating Organization I User


David Hansen


David Hansen


Elizabeth Hinton


Batch

I 000545 RFC Trustee 03

Batch


Batch

1000147 Aegis Funding Corporation

Batch

1000108 GMAC Bank (I)

Batch


Batch

Page I of I

Milestone Information

MIN Status: Reinstated or modified (option 1 ), not assigned back to MERS Quality Review: N

MIN Status: Active {Registered) Foreclosure Status: Foreclosure Pending (option I), assigned to servicer Quality Review: N

MIN Status: Active (Registered) Foreclosure Status: Reinstated or modified (option 2) Quality Review: N

MIN Status: Active (Registered) Foreclosure Status: Foreclosure Pending (option 2), retained on MERS

MIN Status: Active (Registered) New Investor: 1000545 RFC Trustee 03 Old Investor: 1 000440 Residential Funding Company, LLC Batch Number: 414035 Transfer Date: 08!2912002

MIN Status: Active (Registered) New Servicer: I 000440 Residential Funding Company, LLC Old Servicer: 1000147 Aegis Funding Corporation New Subservicer: I 000474 HomeComings Financial. LLC Old Subservicer: None Batch Number: 352146 Sale Date: 06128/2002 Transfer Date: 00/2S/2002

MIN Status: Active (Registered) New Investor: 1000440 Residential Funding Company, LLC Old Investor: 1000147 Aegis Funding Corporation Batch Number: 351984 Transfer Date: 06i2Si2002

MIN Status: Active (Registered) Old Interim Funder: I 000 I 08 GMAC Bank (I)

MIN Status: Active (Registered) Servicer: 1000147 Aegis Funding Corporation

·------···------ ·- -·-- ------------~~------~-----.. ·------~-----------------·-··-·-···· .... ----··- ------ ·- ···-------------------·· ·····---- --------- ...

F- ?-

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Mortgage Forgery RICO

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