06 June 2014

KingCast, Mortgage Movies and Attorney Ha Dao Present: Deposition of NWTS' Jeff Stenman in Lucero v. Bayview Loan Servicing, et al, 2:13-cv-006020-RSL.

Deposition part 3 will air Tuesday night and 4 by Wednesday morning.
 They are approximately one hour each.
NWTS' Vonnie McElligott Depo is here.
LPS' Deborah Kaufman and her attorney ducked out of their 10 June Depo.
I did a short video about their upcoming TRO hearing and will link it today.

The whole Deposition will be available at some point. Knowing Steve Morberg personally, however, I found this segment interesting, at approx. 11:55 a.m. (I think it's video segment 4 at 16-17 minutes in). Unofficial from my notes:

Attorney Ha Dao to NWTS VP Jeff Stenman:

Q: Who is the Owner:
A: Freddie Mac

Q: Servicer?
A: BoA

Q: Creditor to whom Debt owed?
A: BoA

Q: At para C it reads the "Beneficiary declares you in default. So when I look at this -- who is the beneficiary according to this exhibit Mr. Stenman?
A: I am not stating in this form who it is.

Q: Wouldn't that be important for a homeowner to know
A: I don't know.

Q: Wouldn't it be important for homeowner to know who declares him to be in default?
A: I don't know.

And so it goes.... another line of questioning with similar results at Ex 16

Q: Again Mr. Stenman, who is the beneficiary identified here?
A: I think I already stated that we don't identify the beneficiary by name in this notice. I don't know that the Statute tells me I have to do that.

Q: But again based on NoDs you have seen there is an inconsistency.

A: If the statute keeps changing it will change the form. I don't know why the Statute doesn't tell us to put it in, it doesn't. We are trying to be as transparent as possible.


Q:  Referring you back to Exhibit 18 the referral is dated first part of September.... can you account for why the appointment of successor Trustee was made a month after mediation referral?
A: No.

Q:  Is there any explanation why it was recorded two months after mediation started?
A:  No.


Q:  At some point did you stop signing as Attorney-in-Fact for the Servicer?
A:  Yes.
Q:  That was not a result of frivolous lawsuits was it?
A:  No.

Q:  Is it a fair assumption that you would turn over files to RCO as your legal counsel?
Morrison: Objection.
Dao:         Really?
Morrison:  Rephrase.
Dao:         Do you have any knowledge.....
Morrison:  I am going to instruct him not to answer.
Dao:         I'm not asking what files just whether it happens.
A:             Yes.

Q:  I want to direct you to some items on your website.
A:  I haven't been in our website for two and a half years.
Q:  It says that NWTrustees promotes philanthropy and promoting good will throughout the community. Are you personally aware of those events or activities?
A: We've done Habitat for Humanity, a local food bank, toys for Christmas, those are the things that come to mind....
Q:  Has NW ever contributed to any nonprofit legal aid?
A:  Not that I am aware of
Q:  How about prevention of homelessness.
A:  Habitat... none other that I am aware of it's nothing I coordinate.

Q:  Do you recall any efforts to provide transparencies to homeowners who are subject to foreclosure.
A:  In our notices we try to be as transparent as we can.
Q:  Your position is you do no more than what the law requires of you.
A:  With respect to foreclosure yes.

Q:  You look no further that what is provided by the Servicers?
A:   No, unless there is some sort of dispute.

Q:   You only act when there is a dispute.
A:   Yes. Well let me amend that. If I see a $5,000 balance I would like to know why they are foreclosing on that.... etc.

Q:  You are speaking of things that are obvious to you. When you see something obvious to you, then you look further?
A:   Yes.

Q:   When I show you the lack of notary... you never caught the fact that there was an apparent omission...
A:   The notes reflect that we did not bring that issue. It wasn't addressed.

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