full deposition of stanley silva, notice of default robo-signer

8/7/2019 Full Deposition of Stanley Silva, Notice of Default Robo-Signer

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Jones v. Wells Fargo Stanley Silva January 4, 2011Page 1

IN THE SECOND JUDICIAL DISTRICT COURTOF THE STATE OF NEVADA

IN AND FOR THE COUNTY OF WASHOE--000--JOSEPH JONES and MEISA JONES,and other similarly situatedpersons, Case No. CV10-01660Dept. No. 9Plaintiffs,

vs.WELLS FARGO BANK, N .A. ,NATIONAL DEFAULT SERVICINGCO., STANLEY S. SILVA, andUNITED TITLE OF NEVADA,

Defendants.

TUESDAY, JANUARY 4, 2011VIDEOTAPE DEPOSITION OF STANLEY SILVA

Reno, Nevada

REPORTED BY: Janet Menges, CCR #206, RPRComputer-Aided Transcription


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Jones v. Wells Fargo Stanley Silva January 4, 2011

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123 For the Plaintiffs:45678 For the Defendants:

Page 2

APPEARANCES:

HAGER & HEARNEAttorneys at LawBy: ROBERT HAGER, ESQ.-and-TREVA HEARNE, ESQ.245 East Liberty StreetReno, NV

FIDELITY NATIONAL LAW GROUPAttorneys at LawBy: RONALD WARREN, ESQ.3980 Howard Hughes ParkwayLas Vegas, NV

WRIGHT, FINLAY & ZAKAttorneys at LawBy: CHRI STOPHER BENNER, ESQ.5532 S. Fort Apache Rd.Las Vegas, NV

SNELL & WILMERAttorneys at LawBy: JENNIFER HARGIS, ESQ.3883 Howard Hughes ParkwayLas Vegas, NV

MARK MAUSERTBILL STEPHENS, VI DEOGRAPHER

"",.j.

9

Also Present:


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1 I N D E X2 EXAMINATION PAGE3 BY MR. HAGER 6456 EXHIBITS7 NUMBER DESCRIPTION PAGE8 1 Notice of Defaul t 59 2 Notice of Trustee's Sale 5

10 3 Notice of Defaul t 511 4 Notice of Defaul t 5

Ii12 5 Notice of Breach 5I

13 6 Notice of Breach 514 7 Notice of Defaul t 515 8 Notice of Defaul t 516 9 Notice of Breach 517 10 Notice of Defaul t 518 11 Notice of Breach 519 12 Notice of Breach 520 13 Legibili ty Notice 10721 i22 r

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12 PAGE

34

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Page 4ATTORNEY'S NOTES/CORRECTIONS

LINE


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12345678910 THE VI DEOGRAPHER: We're now on the record at11 1:09 p.m. The date is January 4th, 2011. This is12 volume one, part one of the deposi tion of Stanley Silva.13 The caption of the case is Joseph Jones, et al,14 versus Wells Fargo Bank, et al., case number CV10-01660.15 This deposi tion is being taken on behalf of the16 plaintiffs.17 Would all attorneys present please identify18 -=themselves and state the parties they represent.19 MR. WARREN: Ronald L. Warren, Fidelity20 National Law Group appearing on behalf of Stanley S.21 Silva, defendant.22 MR. BENNER: Christopher Benner from Wright,23 Finlay & Zak appearing on behalf of National Defaul t24 Servicing Corporation.25 MS. HARGIS:

Page 5PURSUANT TO NOTICE, and on Tuesday, the 4th day of

January, 2011, at the hour of 1:09 p.m. of said day, at245 East Liberty Street, Reno, Nevada, before me, JanetMenges, a notary public, personally appeared STANLEYSILVA.

--000--(Exhibi ts 1 - 12 were marked.)

Jennifer Hargis from Snell andI:...7C'" ,',". .....


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1 Wilmer appearing on behalf Wells Fargo Bank.2 MR. HAGER: Robert R. Hager for the plainti ffs .3 THE VIDEOGRAPHER: Thank you.4 We are located at the Law Offices of Hager and5 Hearne at 245 East Liberty, suite 110, Reno, Nevada,6 89501.7 My name is Bill Stephens, the certified legal8 videographer representing Bill Stephens Productions9 Incorporated at 320 Stewart Street, Reno, Nevada 89502.10 I am not related to the parties involved and have no11 interest in the outcome of this deposition.12 The court reporter is Janet Menges from Bonanza13 Reporting at 1111 Forest Street, Reno, Nevada. Janet,14 would please swear in the deponent.1516 STANLEY SILVA17 called as a witness, being first duly sworn,18 was examined and testified as follows:19

I20 THE VI DEOGRAPHER: Please proceed.I:ii

2122 EXAMINATION23 BY MR. HAGER:24 Q Sir, have you ever had your deposi tion taken25 before?

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Page 7A No.Q What is your age?A Fifty-three.Q You're under oath the same as if you were

testifying in a court of law.Do you understand that?A Yes, I do.

Q And the same penal ties of perj ury apply as ifyou were testifying in court.A Yes, I do.

Q So you understand that it's important that youanswer my questions truthfully?A Correct.

Q And do you also understand that after thisdeposi tion the court reporter will prepare a transcriptof the testimony today, which will have my questions andyour answers in that wri t ten booklet form?A I understand.

Q And you understand that when you review thatbooklet you can make changes if you feel that the courtreporter has taken something down incorrectly or youwant to change your testimony.

Do you understand that?.A Correct.Q And you understand that if you do make any

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1 changes I can point that out to a jury later and have2 them look at this portion of the deposition and the3 video and tell them that you were told by me at this4 time that if you did so I could tell the jury later that5 you were dishonest and untruthful today.6 Do you understand that?789

10111213 days?1415

A I understand.Q Are you represented by counsel today?A Yes, I am.Q And who is that attorney that represents you?A Ronald Warren.Q Have you met wi th Mr. Warren in the past thirty

A Yes.Q Was anyone else present when you met wi th

16 Mr. Warren?17 A1819 A2021 A22 Q

Yes.Q Who was present?

My supervisor.Q Who is your supervisor?

Steve Schiller.Was anyone else present besides you and

23 Mr. Schiller when you met with Mr. Warren?24 A25 Q

No.Where did you meet wi th Mr. Warren?

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12

Page 9A In our offices.Q Have you talked with Mr. Warren in the past

3 thirty days by phone?45 question?

MR. WARREN: Excuse me, would you repeat the

6 BY MR. HAGER:7 Q Have you talked by phone with Mr. Warren in the8 past thirty days?9

101112

A Possibly.Q You don't recall?A I don't recall.Q Now, when you met with Mr. Warren did you

13 review any documents?14 A1516 A17

Yes.Q What documents did you review?

The ones related to this case.Q And when you say the ones related to this case,

18 what are you talking about?19 A20 Q

The documents related to the case.And I can keep asking and you can keep

21 answering that way or can you tell me what those22 documents were?23 A24

I f you -- The specific documents that are ofrecord and they are part of the deposition today. What

25 is it you want me to tell you? rI,.'.';:'.':..',.."._....,':.:"':"; ,",:. ._---:-:--:~ ~':----;--:---:--:- .. '.'


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..".' ".

Page 10Q i want you to tell me, sir, if you would,

please, which documents you reviewed?A Verbatim?Q Yes.A Wel l, we looked at the deed of trus t . We

probably looked at some other documents that might haverelated to the case.

Q In what way?A That were part of this case.Q Okay.A I don't have a complete recollection of

indi vidual documents.Q Did you look at any documents when you met wi th

Mr. Warren that you had never seen before?A No.Q Did you look at the notice of default?A Yes.Q Notice of sale?A No.Q So you looked at the deed of trust, the notice

of defaul t. Did you look at any other documents?A There were numerous documents in the package

that I might have glanced at.Q And when you say in the package, were these

documents Mr. Warren brought wi th him?IF..,' ,. '.'." ;,;,; .,


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Page 11A They were part of a scanned file that wase-mailed.

Q From -- by whom to whom?A By Mr. Warren.Q To you?A To me.Q Had you ever seen those documents before?A Some of them, no.Q The ones you had not seen before, what were

they?A They appeared to be the loan origination

documents and things related to that side of thetransaction.

Q Where did you go to high school?A El Dorado High School.Q In Las Vegas?A In Placerville, California.Q Did you have any education after high school?A Yes.Q Where?A UNR.Q Did you obtain a degree from UNR?A No.Q What did you study at UNR?A Engineering.

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iT'"

Page 12Q For how many years?A Three.Q Do you have any degrees after your high schooldegree?A No.Q Tell me about your employment post high school?A Beginning right after high school?Q Yes.A And running through --Q Today.A The entire picture?Q Yes.A Let's see, high school. Right after high

school I was working in my job that I had during highschool which was at a gas station.

Q Doing what at the gas station?A General gas station duties.Q Were you the manager of the gas station?A No.Q What job did you hold after working at a gas

station?A Then I got a job at a ti tle company.Q What title company?A It was called Silverado Title Company.Q Where was that job?

,.... I"


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Page 13A In Placerville, Cali fornia.Q How long did you work there?A For about two years.Q What were your duties in that employment at

Silverado Ti tle Company?A They were beginning duties such as courier,

working in the title plant doing postings, doingrecordings, doing other information gathering.

Q And what was your next job and approximatelywhen did that begin?

A My next job was working for a company producingrock, crushed rock product.

Q When was that?A That was right after that job.Q When was that?A Wha tever the time frame was.Q I'm sure.

Sir, could you give me a year approximately?A Well, let's see, probably around 1979 or '80.Q How long did that job last?A For approximately two years.Q What was your next job?A Then I worked for a company distributing media,

mainly music and videos.Q How long did you work for that company?

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1Page 14 1A Probably two years.Q Wha t was your next job after that?A Working again for a ti tle company.Q What title company?A By this time I had moved to Reno and it was a

6 title company called Washoe Ti tle.789 very long.

10 that.11 years.12

Q How long did you work for Washoe Ti tle?A Well, they were bought out and then it wasn't

I was part-time going to school while doingSo I would say that probably lasted a couple of

Q After you left UNR did you have any other13 forma led u cat ion?1415

A No.Q What school were you going to when you said you

16 were going to school at approximately the time you were17 working for or left Washoe Ti tle?1819202122232425

A That was UNR.Q So that is when you went to UNR?A Correct.Q What was your next job after Washoe Title?A Then it was another ti tle company.Q What was that ti tle company?A Founders Title Company.Q How long did you work there?

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Page 15A For ten years.Q When did you leave Founders Title Company?A Probably December '96.Q What were your job duties at Founders Title

Company?A Various through the years culminating in

managing the ti tle department.Q What was your employment after you left

Founders Ti tle Company?A Then I went to work for First American Title

Company.Q How long did you work there?A Fi ve years.Q Was that in Reno?A Correct.Q When did you leave First American Ti tle Company

in Reno?A Probably October of '02.Q And what employment did you have after leaving?A Then I went to First Centennial Title Company.Q How long did you work there?A Fi ve years.Q And then after that where did you go?A To my current employer, Ticor Title.Q Is that Ticor Title of Nevada?

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.......,..

Page 16A Correct.Q What was your start date at Ticor Ti tle of

Nevada?A End of June of '07.Q What are your duties at Ticor Title of Nevada?A I'm a title officer.Q That's your posi tion; right?A Correct.Q What are your job duties at Ticor Title of

Nevada?A Excuse me, to produce reports for our clients.Q Anything else?A To oversee the functioning of our TSG

department.Q What does TSG mean?A That is an industry acronym for trustee sale

guarantee.Q And since I'm not a ti tle person, what do you

mean by that, trustee sale guarantee?A That is a product that our industry issues on

behalf of the foreclosing trustees.Q So is it fair to say that your entire work at

Ticor Title of Nevada since you became employed there onJune of '07 has been related to foreclosures?

A It has been related to producing TSGs., ,,':,:-,..' ":'.,- -.c' -.'. .c'. ":'.' . ".,.. ..,


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1Page 18

Q When you say the formal process of the2 foreclosure, you understand that by signing a notice of3 default you have commenced the formal ini tia tion of the4 foreclosure on a particular piece of property; correct?5678

A I'm not aware of that statement's meaning.Q Well, if there were no --A What I'm saying is I don't start the process.Q Your signing the notice of default doesn't

9 start the process?10 A The recording of the notice of defaul t starts11 the process.1213 A

Q Do you record notices of defaul t?I send them to the recorder's office. They14 record them, yes.

15 Q Have you ever signed a legibili ty notice at the16 recorder's office?17 A18 Q19 A20

Yes.Do you record notices of defaul t?In answer my previousMR. WARREN: Obj ection, asked and answered.

21 BY MR. HAGER:22 Q Are you making a distinction between whether23 you personally get in your car and drive to the24 recorder's notice and present a notice of defaul t and25 the recorder actually recording it?

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3 on that.456789

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Page 19AQ

Yes.Oh, okay, then let's -- I want to be real clear

Do you go to the Washoe County Recorder'sOffice, sir, for the purpose of having a notice ofdefaul t that you executed recorded?

A No.Q When you signed a legibili ty notice is it at

the Washoe County Recorder's Office?

AQ

AQ

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A No.Where do you sign the legibili ty notice?In our office.And do you sign the legibili ty notice before

QAQ

14 the notice of default is presented to the Washoe County15 Recorder's Office?1617

AQ

It depends.Do you sometimes sign the legibility notice

18 before the notice of defaul t is even presented to the19 Washoe County Recorder?2021

On occasion.And when you do that is it because you know

22 that that notice of default is not -- potentially not in23 a recordable form?2425

In the recordable form, format, correct, yes.Why don't you just instead ask that another.... .......,..... ......"..,. '-'::'-' -:-:- ::.'-:-':'.' ,".,.,,'-.:_------------ --:--------.


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Page 20notice of defaul t be prepared in a recordable form?

A Often the defects are minor, such as asignature or a text being outside the margins of thedocument.

Q But you understand when you sign the legibilitynotice you're doing it because there are defects in thedocuments that may make it non-recordable; correct?

MR. WARREN: I'm going to obj ection on thebasis argumentative and I think you have asked thequestion twice now and you haven't got the answer youwanted so it's been asked and answered.

MR. HAGER: No, it hasn't been answered.BY MR. HAGER:

Q You do understand when you sign the legibili tynotice that you're signing a legibili ty notice becausethe document that you understand is going to bepresented to the recorder's office may not berecordabl e; correct?

MR. WARREN: Obj ection, compound and lack offoundation. You may answer. You may answer if youunderstand.

THE WITNESS:BY MR. HAGER:

Q Yes, it's not a complicated area and I'm trying

Present the question again.

to make it real simple.......... ....


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Page 21You have got a notice of defaul t?A Yes.

Q Are you with me so far?A Yes.Q You execute that notice of default, you sign

it; right?A Well, my company signs, executes it. I'm the

employee of the company designated to sign on behal f ofthe company.

Q Do you sign notices of default?A On behalf of the company.Q So your signature appears there and you place

your signature on the document?A Yes.Q When you decide to place your signature on a

document, if you understand that there is a potentialproblem with the recordability of that document, whydon't you ask whoever prepared that document to preparea document that you know can be recorded instead ofsending it along with a legibility notice?

A The legibili ty notice is a tool to deal wi thminor typographical errors, such as text being outsideof the parameters or a notary stamp being outside of theparameters. It's not used to address fundamental issueswi th the document. The term error in the document that

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Page 22you're using is pretty broad so that needs to be defineddown.

Q Rather than define it down let me ask it thisway, have you ever instead requested that a recordabledocument be prepared rather than signing a legibilitynotice prior to the presentation of a notice of defaul tthat you executed?A Yes.

Q Why?A The error may be of a type that is notappropriate for this legibili ty notice.

Q Gi ve me examples of when you have requestedthat a document be prepared to correct an error, to useyour term?

A Well, there is lots of them, misspellings ofnames, bad document numbers.

Q And when you make when you made requeststhat documents be prepared that are recordable ratherthan executing a legibili ty notice and sending it to therecorder's office along wi th the notice of defaul t, isthere some kind of record that is made at Ticor Ti tle ofthe fact that you have requested a corrected document?

A There would be an e-mail communication.Q Who would you e-mail those communications to,

who did you?-: ",:',::,': ,""','; '.', '.,',


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1Page 23

A I would e-mail back to the party that sent me2 the document.3 Q So if I were to request from Ticor Ti tle copies4 of those e-mails, what e-mails would I ask for?567

A I wouldn't know.i

Q Well, you sent them.A They would be -- Well, you understand they

8 would be hard to identify, wouldn't they, so --9

10 A1112

Q No, I don't understand.Well, they would be hard to identi fy. iIi

Q Then I would have to ask for all the e-mailsbetween you and people in those particular companies, is Ii

I,13 that--14 A1516 A17

If that is what you want.Q No, I'm asking you.

I don't know what you would want.Q What companies are we talking about that you

18 would have sent those e-mails to?19 A20 back to.21 Q22 A

Any of the clients that I would be sending them

Do you send them to all of them?If something is an issue with one of their

23 documents, sure.24 Q And how did you determine that there was an25 issue with a document that required a new document to be


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Page 24prepared?

MR. WARREN: Asked and answered.THE WITNESS: Just by general review of the

document. They might be missing, you know, someinformation that it needs, so --BY MR. HAGER:

Q And when you say that it needs, it needs forwhat reason?

A Maybe again missing a name, misspelling of aname, missing or miss -- typographical error with adocument number, something along those lines.

Q And how would you determine whether the namewas misspelled, the document was misidentified, thosekinds of issues you have just explained?

A We would identify that during our ti tle search.Q Your online ti tle search of the recordings ofthe Washoe County Recorder's Office?

A Well, they are done inside our office. We havedatabases in our office that we access.

Q So you have described to me that prior to yourexecution of at least some notices of defaults you woulddo a review of the database in the office relative to aparticular property; is that right?A In a general way, sure, yes.

Q As to every notice of defaul t would that be'.',,' '" .,. '," ,d,,'.' .... . '.',' ",.,', 'C.:',',.;:',':.:' ._'..,,'


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Page 25true?

A That is a broad question. I'm not sure exactlywhat information I should be presenting this in.

Q As to every notice of default that youexecuted, sir, did you conduct a prior review of thedatabase in Ticor Ti tle' s office?

A We would identify the property and then pulldocuments related to that property as we see fi t.

Q And prior to your execution of a notice ofdefaul t regarding a property, would you also ascertainwhether there had been a substitution of trustee thatmade your signature on that notice of defaul tappropriate?

A We would pull the documents that are on recordand send them to our client.

Q In every instance when you executed a notice ofdefaul t had there been an appropriately recordedsubsti tution of trustee reflecting that the company onwhose behalf you were signing the notice of defaul thadactually been appointed --

MR. WARREN: Objection, lack of foundation.BY MR. HAGER:

Q -- substi tute trustee prior to your executionof that document?A I don't see how that's relevant.


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1 Q You have to answer to answer the question2 whether you see it's relevant or not, do you understand3 that?4 A I do, but I don't think you understand it.5 The clients on these notice of defaul t, such as6 this one in front of us, they are not signing as a7 trustee. They don't need to be on record as a trustee,8 because that is not how they are signing. So I'm not9 sure what your question is. You're --

10 Q Well, my question was not are they signing as11 trustee or actually you signing as trustee.12 A I'm not signing as trustee.13 Q My question was whether you in connection with14 this review that you have described internally of Ticor15 Ti tle' s records look to see whether there had been a16 substi tution of trustee prior to executing a notice of17 default?18 MR. WARREN: Same obj ection as before, lack of ,19 foundation.20 THE WITNESS: We're not required to look for21 it. :

I

22 BY MR. HAGER:23 Q So the way this deposi tion process works is you24 may have answered a question right then which if the

:25 question had been are you required to look for it your.'. _ ..:'.,',',";,.;.;. .'.- ',',-,-,- -,..,...' --,-.,,' ",:'". :";,": , ... ':':,:,", '..',': .::--',._-


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Page 27answer would have been responsive to the question.

Do you understand that?

A I'm learning.~ And if the question before had been in what

capaci ty is the party foreclosing, as trustee orbeneficiary, then your prior answer would have beenresponsi ve to that question.

Do you understand?A I'm learning.Q But my question to you, sir, for the third time

here is in connection with your review internally of therecords of Ticor Ti tle prior to your execution of anotice of defaul tA Right.

Q -- did you look to see whether a substi tutionof trustee had been signed or recorded?

A No.Q When did you first start signing notices of

defaul tA WellQ -- in your career?A About the time the electronic recording method

started becoming available.Q You're talking about MERS?A No, I'm talking about the submission software


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Page 28to record at the recorder's office, otherwise known asE recording.

Q Was there some connection between the fact thatthe recorder's office went to E recording and the factthat you started signing notices of default atapproximately that time?

A Oh, yeah, a hundred percent correlation.Q And why was that?A Because that is when they started sending them

to us to record or to execute and record.Q Approximately when was that?A Probably started happening around '07-ish. I

don't know the exact time frame.Q And when you say they started sending them to

us, is there a list of companies that started sendingthem to T icor Title for execution and recording, noticesof default?

A Well, that would just be our clients.Q Is there a list of your clients here at Ticor

Ti tle of Nevada in Reno on whose behalf you startedexecuting notices of default in approximately 2007?

A We could produce a list.Q Do you mail notices of default?A No.Q From your own personal knowledge are any of the

I

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Page 29notices of defaul t that you ever executed, were theyever mailed?

A I'm not sure what that term mailed means inrelation to mailed how, for what purpose?

Q To the homeowner?A Meaning us mail to the homeowner?Q Yes, you signed a notice of defaul t?A Right. That is not in our realm of

functioning.Q That is not in Ticor Ti tle' s realm offunctioning?A No, that is a foreclosure process.

Q So do I understand you correctly nei ther you oranyone at Ticor Ti tle ever mailed any notices of defaul tthat you signed

A No.Q -- and had recorded?A None whatsoever.Q So after you sign and cause to be recorded a

notice of default that you have signed, what do you do,if anything, relative to that foreclosure process?A I'll need that a little more succinct. I don'tunderstand.

Q You sign notices of defaul t; correct?A On behal f of our company, sure.

:

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Page 30Q Is it -- In your mind is there some kind of

distinction between the fact that you put your -- affixyour signature to a document and you keep saying onbehalf of the company, on behalf of the company?

A Well, in all instances -- I'm not sure whatyour interpretation of me signing documents is. I havemine, and mine is I'm an employee of the company and inall cases my signature on a document represents someoneauthorized by the company to sign on their behalf. Itcould be anybody in our company signing these documents.It just happens to be me.

Q It just happens to be you?A Yeah.Q Who takes the pen and puts your name on the

document?A Yes.Q So let's talk about those documents.A Sure.Q Okay.

You sign them, you cause them to be recorded?A Yes.Q My earlier question to you is what involvement,

if any, after that do you have relative to theforeclosure on that property?A Nothing.

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Page 31Q Is there a geographical area of properties thatyou sign documents for?

A Our company services four, sometimes fivecounties.Q Which five counties?A Washoe, Lyon, Carson, Storey, and occasionally

Douglas.Q And is there a Las Vegas branch of your

company?A Yes.Q What documents do you review prior to signing a

notice of default?A We don't review any documents.Q What documents are provided to you in

connection wi th a loan where a notice of defaul t ispresented to you for your signature?A Nothing.

Q Who prepares the notices of defaul t that yousign?

A I'm not exactly sure. They are prepared whenthey are sent to me so I'm not aware of, you know, thechannels that prepare them.

Q Do they come from some other company to TicorTi tle for your signature or are they prepared at TicorTitle?

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Page 32A No, they are prepared off-si te by otherparties.

Q Have you ever signed any notices of defaul t onthe weekend?

A No.Q Approximately how many notices of defaul t have

you executed since you became employed by Ticor Ti tle?A Well, over the time frame my best guess would

probably be in the one or 2000 range, and that is overgoing on almost four years now.

Q Do you read the notices of defaul t before yousign them?

A No.Q Are you familiar with the Nevada non-judicial

foreclosure statute?A Only operationally.Q Is it your understanding that the Nevada

non-j udicial foreclosure statute requires that thecompany on whose behal f you're signing a notice ofdefaul t has the authori ty to foreclose?

A I'm not familiar with that language.Q Is it fair to say you have no understanding at

the time you execute a notice of defaul t whether thecompany on whose behalf you're actually signing thatdocument has any authority to foreclose on the property?

'",'.' ..' ,.',...'..'c:' .',.... ','.' '.:'


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Page 33A I don't, no.Q You don't know whether they have any authority

to foreclose?A Nothing direct. You know, I'm signing what

gets sent, so --Q Has your signature ever been affixed

electronically to any documents at Ticor?A No.Q Are you a notary?A Personally, yes.Q Have you ever notarized any other employee's

signature on a notice of default at Ticor Title?A No.Q Do you sign notices of defaul t before a notary?A Yes.Q Do you sign the notary's book each time she

notarizes your signature?A No.Q Now you're a notary. Do you know whether or

not that satisfies the requirements of notaries in theState of Nevada?A I would understand that it's not a strictcompliance.

Q And what is the basis of that understanding?A From my own experience in my notary application

I:'

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1 and training.2 Q Describe the layout in the office where you3 execute these notices of default, are you alone in your4 office at a desk?5 A Well, we're not we're in a cubicle6 environment so we're all in the open, and I sign the7 documents and then my notary is si tting next to me and8 then the document will go over to her to stamp and9 acknowledge.

1011 A

Q So she is in a separate cubicle?Correct, yes. She is back and forth and she

12 sees me doing these tasks as well, so --13 Q But she is not actually physically present14 observing you sign each one of these notices?15 A No, she is not over my shoulder watching every16 document I sign, no.171819

Q Do you sign notices of sale?A No.Q Are these notices of defaul t sent to you as I

I20 attachments to e-mails?2122

A Yes.Q And are there any other documents that are

23 included along wi th those notices of defaul t when they24 are e-mailed to you?25 A No.

, ',',' ,',' ',',.. ,'.,', - ,'.,',.,


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1 QPage 35

Let's take a look at these exhibits. If we2 could have Exhibi t 1, I will hand it to you here.3 This time, unlike when you signed it, I'm going4 to actually ask you to read it.

6AQ

you metAQAQ

10 Do IWell, I guess you read it the other day when

12 be the first time that you have read this notice of13 default?14 A15 Q16 A17 Q

In verbatim?Well, yeah.From beginning to end?The entire two page document, would this be the

18 first time that you ever actually read this entire two :19 page document that you signed that put the Jones' house20 in foreclosure?21 A22 Q

This document, yes. iIiLook at the document, please, not at me, sir,

I

23 because actually I do want to ask you some questions I24 about the document.25 A Okay. 1

,'.'.,"", "


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Page 36Q It's an important document. This is the

document that started the process whereby my clientslost their house to foreclosure.A Okay.

Q When you signed this document were youconfirming that everything in this document is true andcorrect?

A No, I don't believe there is any suchaffirmation.

Q Well, did you understand when you put yoursignature on this document, sir, that you were sayingthat everything in this document is true and correct andthen you caused it to be recorded in the officialrecords of the Washoe County Recorder --

MR. WARREN: Obj ection, compound.MR. HAGER: Let me finish my question and then

you can make your obj ection and we will have a cleantranscript and a clean video.

MR. WARREN: All right.BY MR. HAGER:

Q When you signed this document did youunderstand that by placing your signature on thisdocument you were representing that everything in thisdocument that was going to be recorded in the officialrecords of the Washoe County Recorder's Office forever


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Page 37was true?

Obj ection, compound, lack ofR. WARREN:foundation.

THE WITNESS: Ask it again.BY MR. HAGER:

Q Do you see your signature on page 2?A Yes.Q When you signed this document did you

understand that you were saying everything in thisdocument which you understood was going to be recordedin the Washoe County Recorder's Office and be the publicrecord forever was true?A I don't believe that is a true statement.

Q What do you -- First of all, it wasn't astatement, it was a question, but what do you believe isnot true about my question?

A The affirmation that you're trying to imply.Q Why am I trying to imply something by asking

you a question of whether -- Again we can spend a lot oftime, days in this deposi tion, if that is how you wantto do this and we will have a record of your answers andthe jury can see this in terms of how you're answeringthis. It's a simple question, sir.

When you signed this documentA Yes.


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Page 38Q -- did you understand that you were saying

everything contained in this notice of defaul t on theJones home, all the statements therein were true?A I was not under that impression.

Q You weren't concerned about whether there werefalse statements in the document?

MR. WARREN: Obj ection, argumentative.BY MR. HAGER:

Q Were you concerned whether there were falsestatements in the document?

A No.Q Did you care whether they were true or false?

MR. WARREN: Obj ection, argumentative.THE WITNESS: I wasn't aware that such a burden

was being placed on me.BY MR. HAGER:

Q Wha t burden?A To determine the val idi ty of these items you're

mentioning.Q To determine whether what is contained in the

document you signed was true, you weren't aware thatthat was

A I was only signing on behal f of our company.I'm not personally taking liability for a document thatis created by someone outside our purview and that I'm

'..'.:..-, .':'-'- -: '.', ',,' ";:,:.,,,:' ''',','''.'", :;-, :.,,:::': .::.' """ ,,.


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Page 39not in the loop on. I'm simply signing a document thatwas presented to me on behalf of our clients.

Q Did anyone at your company tell you to go aheadand sign documents and not pay any attention or inquireas to whether the documents were true or false?A Not specifically.

Q Did anyone at your company tell you that youwere obligated to determine whether statements containedin documents that you signed to be recorded were true?

A No. "Q Let's look at the second sentence there. It

says the amount is $9,751.03 as of 10/17/2007 and willincrease until your account becomes current.

At the time you signed this document you hadabsolutely no knowledge whether that was true; correct?A Correct.

Q On the second page, the last full paragraphabove your signature line, do you see that, that byreason thereof, the present beneficiary under such deedof trust has executed and delivered to the dulyappointed trustee a wri t ten declaration of defaul t anddemand for sale.

You don't know whether that was ever true, doyou?

A No.


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1 Q It goes on to say, and has deposited wi th said2 duly appointed trustee such deed of trust and all3 documents evidencing obligations secured thereby.4 You don't know if that is true either, do you?5 A No, I'm not in the loop.6 Q In fact, you don't know if anything in this7 notice of defaul t that you executed is true, do you?8 A Correct.9 Q On the first page above the solid line there

10 are some numbers. Did you write those numbers?11 A The handwritten number 077, yes, that is my12 wri ting.13 Q Why did you wri te that number there?14 A That is our Ticor Ti tle internal order number.15 Q What documents are maintained by Ticor Ti tle

17 A Our TSG file, which contains our communicationI

I

IiiiI

16 under that internal order number?

18 wi th the client plus the documents of record that we19 have pulled.20 Q And what documents of record are pulled by21 Ticor Title in connection with what you have called the22 TSG order?23 A It would be the current vesting deed, deeds of24 trust, assignments, other documents related to the deed25 of trust, junior deeds of trust, other junior matters,

,',. ,'.',...' , " - - - - - ' - - : - - :, . ,-., '~r; ",. ". .'. ,,'


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1 assume do not assume these types of issues that you're2 referring to.3 Q So is there an indemnification agreement4 whereby if you execute a notice of defaul t on behalf of5 a party that is not authorized to foreclose then they6 will indemni fy you for having executed that document?7 A I don't know about that type of issue. That8 wasn't what I was referring to.9 Q What were you referring to?10 A To our liabilities under our TSG as to what11 liabilities we assume that are matters that are being12 covered by that TSG product.13 Q What are the liabili ties covered by that TSG14 product?15 A That TSG product provides the foreclosing16 parties with essentially a list of names and addresses17 for them to use during the foreclosure process for18 notification purposes.19 Q What do you mean for notification purposes?20 A The trustees doing the foreclosure are required21 by statute to notice certain parties and the TSG is22 generated for the sole purpose essentially of providing23 them a list of these names and addresses and that the24 liabili ty that we assume by issuing that product is that25 if any of these names and addresses are incorrect then

..,," ," ,'... ",'


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Page 43we assume the costs of them being incorrect or beingabsent.

Q So what you have generally described to me isthat in order to finalize and complete a foreclosurewi thout having some party not receiving notice that isentitled to notice, the liability of Ticor Title is tomake sure that everybody is notified regarding -- thathas a right to notice of that foreclosure; correct?

A Well, what I will say is we provide a list ofnames and addresses for the trustee to use during theirnotification requirements that we derive from the publicrecords and we show them on our TSG, and if they usethose and they end up being in error in some way thathas caused them losses, we will -- that then ourguarantee will then cover their damages.

Q Does Ticor Title, did it at any time while youhave worked there have a policy that required you tolook at the deed of trust or any other document todetermine whether the party on whose behal f you'reexecuting a notice of defaul t had any authority toforeclose?

A No.Q Going back to that final paragraph above your

signature line there, the final full paragraph, and Iapologize for burdening you wi th having to ask you

~


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Page 44questions about documents you have never read, butthat's what I have to do.

It goes on to say, and has declared, and it'sreferring to the present beneficiary, and has declaredand does hereby declare all sums secured therebyimmediately due and payable.

You don't know if that is true, do you?A I do not know whether that's true.Q And it goes on to say, and has elected and does

hereby elect to cause the trust property to be sold tosatisfy the obligations secured thereby.

You don't know if that is true either, do you?A This is the statement of the beneficiary, no, Idon't have any independent knowledge.

Q When you say it's the statement of thebeneficiary, did you see a statement from thebeneficiary?

A This paragraph I'm referring to, I'm sayingit's a statement of the beneficiary.

Q No, it's actually a provision in a documentthat you executed; correct?A I executed it on behalf of the chain ofsignatures that culminates in that's the beneficiarytalking right there.

Q Who was the beneficiary of this loan at the" , ,,'.' ,.


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Page 45time you executed this notice of default, Mr. Silva?

A This line says Wells Fargo Bank is.Q Where does it say that?A It says it on the signature line heading.Q Could you point that out to me?A It says Wells Fargo Bank.Q Does it say it's beneficiary?A Probably actually it does up on the beginning,

I believe, or somewhere buried in the document.Q Go ahead and take a look at it. I know you

have never read it, but go ahead and take a look at itand see if you can find it now.

A And I don't appreciate those type ofstatements.

Q Well, it's true, isn't it?A No, it's not true.Q You have read it, the entire document?A Well, I'm aware of this document's format. You

asked earlier have I read this document. That ffay ormay not be the case, but I have read this generaldocument's format, you know, through the years.

Q Okay.A But I'm not versed in it. I haven't memorized

it or it seems to be similar to all the other ones.Q Okay.

I


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1 Since you have read this document's format and2 you're versed in it, show me in here where it says who3 the beneficiary is?4 A Let's see, I'm trying to think how National5 Default sets up their documents, or at least that is how6 they exist now from the last I looked at one. They may7 ha ve changed them.8 Okay, so it says right here, this paragraph9 which is the third one from the bottom.

10 Q Yes.11 A Notice is hereby given that National Default12 Corporation is ei ther the original trustee, the duly

t13 appointed substi tute trustee or acting as agent for the14 trustee or beneficiary.15 So they are essentially by using that language

ii16 going down to their signature line that says National17 Default as agent for Wells Fargo Home Mortgage, although18 you're probably correct that they are not saying comma19 as beneficiary. So that was a possible assumption on my20 part knowing who the beneficiary might be, but adding21 these two lines together they make a statement of some22 sort.23 I'm not defending this wri ting, because I am24 not aware of, you know, who put it together and who25 wrote it, so --


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1 Q Who was the beneficiary on this deed of trustPage 47 Ii

~

2 at the time you executed this notice of defaul t?3 A4

Directly speaking, I don't know.Q So if you don't know who the beneficiary was,

5 then you wouldn't know whether any of the contents of6 that last paragraph above your signature line is true;7 correct?8 A9

10 A1112 just read.

Correct.Q Because it Right?

Correct, yes.Q And so let's go back to the paragraph that you

It says National Defaul t Servicing13 Corporation is either the original trustee, the duly14 appointed substi tute trustee or acting as agent for the15 trustee or beneficiary. Which is it?16 A Well, farther down that paragraph it states17 that in this particular deed of trust it's saying Wells I18 Fargo is the beneficiary.1920 again?21

Q Where does it say that they are the beneficiary

A I f we continue down that same paragraph where22 they then ci te the deed of trust recording information.232425

Q In the original deed of trust?A Yes.

MR. WARREN: Could you read that for the,.. ',,' '...',',',,'


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Page 48record?

."'~'

THE WITNESS: Continuing that statement itsays, National Default acting as agent da da da for thebeneficiary under a deed of trust dated July 14, 2006executed by Joseph R. Jones and Meisa Jones as trustorsto secure an obligation in the favor of Wells FargoBank, N A as beneficiary recorded July 26th, 2006 da dada, and then down on the signature line it has the nameof Wells Fargo Bank.BY MR. HAGER:

Q Now, you wrote in Chicago Default Servicing asagent for who?

A For National Defaul t Servicing.Q What is the basis of you saying on October

18th, 2007 that Chicago Defaul t Servicing was agent foranyone?

A That was our client, Chicago Default Servicing.Q So if I'm your client then I can say I'm an

agent for anyone, is that how -- what Ticor Title'spolicy was?

A No, we had an agency agreement with ChicagoDefaul t Servicing.Q Ticor Title did?A Ticor Title did.

Q Okay." - _. ':..', _ ;r_~ _. _ . ;~'-_', .- ,__'-":'_ ".." ,


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Page 49A In all cases that is how it is. My signature

is always on behalf of Ticor Ti tle, who is always theagent for our client, in this case being ChicagoDefaul t, who is agent for National Defaul t who is agentfor the lender.

Q And how do you know that Chicago DefaultServicing was agent for National Defaul t?

A Well, after our -- Ticor Ti tle' s agencyagreement wi th our client, the other agency agreementswe're not able to verify.

Q So you didn't know whether that is correct atall?A It was presented to us that this is -- this is,you know, true and correct so -- but as far as my ownknowledge whether those agency agreements exist or not,I don't know.

Q And you have never known wi th regard to any ofthese documents you have executed; correct?

A Not any farther than just the original TicorTi tle relationship, because this is just a stacking ofagency agreements.

Q Wel l, you don't know that, though, do you?A Whether they exist or not?Q Right.A No, I don't....," '...' ",'.:' ;, ..-.' '..",-,;'''.: ,.,"--' .. '..


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Page 50Q And you never have known that?A It's been represented that this is so, but I

have not known it factually myself. We're not in thatloop.~ Q Who represented to you that it was so?

A Probably our direct client. I don't have exactknowledge because I wasn't involved in these agencyagreements themselves.

Q When you say it was represented that it was so,are you saying that you assume that it was representedit was so because the client said execute the documentin the form presented?

A Tha t could be.Q Because you have never actually seen any

documents; correct?A No.Q And nobody has ever wri tten you anything or

shown you anything in wri ting that says that theseagency relationship documents exist; correct?

A I have never seen them.IQ So let's take a look at Exhibit 2.

Do you have any understanding of how NicholeNuss became aware that she could sign a notice oftrustee's sale on the Jones property?

A No.


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Page 51 'Q When you signed these notices of defaul t during

your entire period of employment at Ticor Ti tle, did youunderstand that the next step in the foreclosure processwould be, if it continued would be a notice of trusteesale?A Right.

Q And so you understood you would not be signingthat notice of trustee sale; correct?

A Correct.Q Did you have any understanding of who it wouldbe that would be signing that notice of trustee sale?

A No.Q Did you have any understanding of the company

on whose behalf that notice of trustee sale would besigned?

A No.Q All right, Exhibit 3.

Is that your signature that appears on page 2?A Yes;'Q Now, on this one you signed Stanley S. Silva

and then explain to me, if you could, what that meansbelow that signature line where it says LSI TitleCompany Nevada as agent Stanley S. Silva, agent?

A Well, the document was already prepared and myinterpretation is that LSI Title of Nevada is signing as

,,'.....,',',.'..


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1 agent for National Defaul t Servicing Corporation.2 Q3 A4

As agent for Wells Fargo?Correct.

Q So we have got three agency relationships and5 you're signing on behalf of companies, none of whom you6 work for is that basically correct; is that correct?7 A Well, the intention all along was to obviously8 have my employer line on here as well. So that is9 missing.

10 Q I understand, and if you want to later or11 somebody wants to ask a question about your intention,12 that's fine, but what I want to ask is the question I13 asked.1415

A Okay.Q What we have here is three different agency

16 relationships and you signing on behalf of companies,17 none of whom you work for; true?1819 companies.

A I'm not signing on behalf of any of theseI'm not signing on behalf of LSI Title or

20 National Defaul t or Wells Fargo. I'm signing on behalf21 of Ticor Title of Nevada.2223 document?2425

Q Does it say that anywhere here on this

A No, it doesn't.Q How long have you been in the ti tle business',',',',',',', " '.- .,:,',',.. "'..; -;-;-- ".. ',',"d,',


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Page 53al together?

A A number of years. I f we want to add them up Iwould probably say 20 years.Q During that 20 years of your employment in theti tle business would you agree that when you execute adocument on behalf of the company that one would expectthat company's name to appear somewhere on the document?A Yes.

Q And when you execute a document on behalf ofpotentially three different companies as agent for thosecompanies that, in fact, you would have some employmentconnection or agency relationship with those companies?A Yes.

Q You don't have any employment relationship wi thany of those companies; correct?

A No.Q Not LSI Title; true?A No.Q Not National Default Servicing Corporation?A Correct.Q Not Wells Fargo Bank; correct?A Correct.Q Have you seen any documentation that says that

you, Stanley Silva, are an agent for any of thosecompanies?

, ,'."'"..,'


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12

Page 54A No.Q Now, let's go up into the paragraph that says

3 notice is hereby given that National Default Servicing4 Corporation is ei ther the original trustee, the duly5 appointed substitute trustee or acting as agent for the6 trustee or beneficiary under a deed of trust, talks7 about the Graves, in favor of MERS.89

10111213

A Right.Q Do you see that?A Correct.Q So this is a MERS deed of trust?A That is what it says.Q Do you have some understanding of what a MERS14 deed of trust is?

1516

A Yes.Q So in this instance, following up on our

17 questions before, is it MERS as beneficiary that has18 declared the defaul t and demanded a sale as stated in19 the paragraph above your signature line?2021

A MERS is not shown in that signature line, no.Q So then what is the difference between this

22 document and the earlier document in terms of your23 understanding at the time you executed these documents24 as far as who was the beneficiary?25 A One may have had an assignment in the ti tle

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Page 55chain and one may not have.

Q You don't know?A Not at this time, no.Q And you didn't know when you signed this?A No.Q And Soma Financial is not MERS; correct?A Correct.Q And Soma Financial is not any of these

companies on whose behalf you signed?A It doesn't appear so, no.Q So again same question with regard to this

document that you executed, this notice of default, youdon't know if there was ever any declaration of defaul tor demand for sale by the beneficiary; --

A No.Q -- true?And do you know whether National Defaul t

Servicing Corporation was the original or substi tutetrustee?

A In what time frame?Q At any time.A No.Q And you never knew that; correct?A No.Q Do you know whether National Default Servicing

','. '.'..'.:.' ....'. :.,::',.' ,.'.' ":,,':':::;",.:,.' , '.','.


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',,',

Page 56Corporation was the duly appointed agent for the trusteeor beneficiary under this deed of trust at any time?

A No.Q So again wi th regard to this document, youdon't know whether any of these statements in thisdocument are true at the time you signed them?A Correct.

Q Correct? i.A Yes.Q And it was not the policy of Ticor Ti tle wi th

regard to this document in Exhibi t 3 to require you toundertake any effort whatsoever to determine whether thecontents of those documents -- this document were true?A Correct.

Q Exhibi t 4.This is a Lyon County document, do you see

that?A Correct.Q Is that your signature that appears on page 2?A Correct.Q Do you see in the paragraph on page 2 that

starts with all caps notice is hereby given thatNational Defaul t Servicing Corporation is ei ther theoriginal trustee, the duly appointed trustee and soforth, that this is also a MERS deed of trust?

',. .'C',',"_ '._ .C,' " .." d "


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12

Page 57AQ

Correct.And Pinnacle Financial Corporation and MERS are

3 purported to be the parties in whose favor the deed of4 trust was executed?56

AQ

Correct.Yet none of them are involved in this notice of

7 defaul t; correct?89

AQ

If by that you mean on the signature line?This notice of defaul t was not issued on behalf

10 of any of those companies; correct, MERS, Pinnacle?11 A If you mean by -- Your statement is vague to my12 ears.13 If you're meaning the signature line does not14 show Pinnacle or MERS, that's a true statement.15 Q So looking at that or anywhere in this16 document, tell me who was the beneficiary of this loan171819202122232425

at the time you signed this notice of defaul t?A It's not shown on the notice of defaul t.Q You didn't know; correct?A I wasn't aware at the time, no.Q Are you aware now?A On this particular notice of defaul t?Q Yes.A No.Q Now, you could have determined that, is that

'" "N ',' ' ",'. ,,", ,',.'


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1 correct, at the time you executed this notice of2 defaul t?3 A If something was recorded and if it was4 something that we were required to do.5 Q Who owned this loan at the time you executed6 this notice of defaul t on December 9th, 2009?789

1011

A I'm not in the loop on that.Q Who was the trustee?A I'm not in the loop on that.Q Was it the trustee that was commencing the

foreclosure by your signature on this property that is12 Exhibi t 4, this notice of defaul t recorded in Lyon13 County on December 9th, 2009?14 A15 time.1617

I couldn't tell you who the trustee was at this

Q I didn't ask you that.My question now was, was the trustee the enti ty

i

i

I18 on whose behalf you started this foreclosure by19 executing this notice of default?202122 commence2324

AQ

No.What enti ty were you acting on behalf of to

AQ

Our client was LSI Title Company.So was it your understanding that you were

25 starting this foreclosure on behalf of LSI Title".',,' .'.C' .' '. .' -:,.::,. .:: -.. -_.' ..... .'.-,'..,";;,


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Page 59Company?

A In the manner that LSI's client was thetrustee, yes. I don't want to interpret that LSI wasdoing the foreclosure. They were -- National DefaultServices was LSI's client who then LSI then sent thedocuments to us to record.

Q And so you would have been able to look at thedeed of trust to see whether National Defaul t ServicingCorporation was the named trustee on that deed of trustprior to your execution of this notice of defaul t onDecember 9th, 2009?

A It would have been possible, yeah.Q But you didn't do that?A We weren't required to, no.Q Get ting back to your answer, though, I do want

to follow up on that.When you say we weren't required to, are you

saying that neither your client or Ticor Ti tle requiredyou to determine whether National Defaul t ServicingCompany or any other enti ty on whose behalf you wereexecuting this document had any authori ty whatsoever toforeclose on this property?A Correct.

MS. HARGIS: I'm sorry, can we take a shortbreak?

, ~ ~ ~',':;":;"--" "":.


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Page 60MR. HAGER: Sure.THE VIDEOGRAPHER: We're off the air at 2:21.(A recess was taken.)THE VIDEOGRAPHER: This is disk number two in

the deposition of Stanley Silva on January 4th, 2011.The case is Joseph Jones, et al, versus Wells FargoBank, et al, case number CV10-01660.

We're back on the record now at 2: 37. Pleasego ahead.

MR. WARREN: Before we get started, RonaldWarren, Fideli ty National Law Group on behalf of ourclient Stan Silva and United Title of Nevada.

Just to reserve for the record all obj ection tothe use and/or application of the video deposition thatis being taken here today, and also to ask if there areany persons present who are not counselor counselfor the parties for or the parties?

MR. HAGER: I will state for the record thatMr. Mausert came in, I don't know, probably about 20, 25minutes before we took our break and that he isconsul ting counsel wi th our firm on behal f of the

I

Joneses in this case.the State of Nevada.

MR. WARREN:MR. MAUSERT:

He is a lawyer here licensed in

And full name, please?My name is Mark Mausert,

,',. ., .',,' ',,', " ,..,', .'.:-:":""';-0'..' -,-,c":':';'.'-"- ,,' '" "..,','..


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Page 61M-a-u-s-e-r-t.

MR. WARREN: Thank you.BY MR. HAGER:

Q Sir, getting back to the document in front ofyou that is contained wi thin Exhibi t 4, the notice ofdefault you signed.

MR. WARREN: Would you identify the document bydocument number, please?

MR. HAGER: It's Exhibit 4 in this exhibit. Doyou see it there, counsel, in your packet? It's the oneyou have in your hand.

MR. WARREN: There are more than one document.BY MR. HAGER:

Q Well, I'm talking about the first one and wewill go through these in order, but the first one thatwe have been talking about, Mr. Silva, the one that youhave in front of you. Do you see that?A Yes.

Q Do you see where it says recording requested byLPS Title Company Nevada?

A In what area on the document?Q Right at the very top, the very first words in

the left-hand column underA You're talking a couple of documents back?

My very first Exhibi t 4 document does not say


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Page 62

Is it the Lyon County document?It's the Lyon County document number 452081.

Q Who does it say the recording is requested by?Ticor Title.

IQ Can I see that?

7 Can you point out to me where it says recording8 requested by Ticor Title?9 A On the recording stamp area in the upper

10 right-hand corner.11 Q Oh, I was referring to the -- not the portion12 that the recorder's13 A14

I see. On the left side?Q Yes.

15 The portion on the right was not on this16 document when you signed it; correct?1718

A Correct, yes.Q So the portion of this document that was

19 that appeared when you put your signature on the20 document, it says recording requested by LPS Title21 Company Nevada?22232425

A Correct, yes.Q Are they named anywhere else in the document? IA LPS? I'm not aware of it. They could be.Q Well, you signed as Stanley S . Silva agent for I

I,..'.'.,'. .,.,"_' '0:.."., -..,"


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1 LSI Ti tle Company Nevada, agent for National Default2 Servicing Corporation as agent for Wells Fargo Bank;3 correct?4 A That is what the signature line says, yes.5 Q So there is no LPS Title Company of Nevada6 anywhere in connection wi th the company's on whose7 behalf you executed this document; true?8 A They are not on that signature line, no.9 Q So what is LPS Ti tle Company Nevada's10 connection to this notice of default?

11 A My understanding is that they are one of the12 parties involved in the processing side of the document.13 Q What do you mean by that?14 A I mean they're somebody probably in the15 background who services certain niches for some of these16 parties. My understanding is that LPS is related with17 LSI Title Company.18 Q And your understanding is based on what in that19 regard, sir?20 A Just nothing formal, other than just seeing21 their names on documents or communications together

I:i22 so

23 Q What company was Ticor Ti tle' s client in24 connection with your execution of this document, LSI25 Title Company of Nevada or LPS Title Company of Nevada?

" ,,' .' ".'., , ,'..' " "


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1 A LPS -- My understanding is LPS. So I'm not2 sure our agency agreement may name them both, so3 Q But you didn't sign on behalf of LPS, you4 signed on behalf of LSI and National Default Servicing5 Corporation and Wells Fargo; right?6 A Well, technically I signed on behalf of my7 employer who then signed on behalf of LSI who my8 understanding is an LPS company.9 Q It is an agent for National Defaul t Servicing10 Corporation?11 A That is my understanding. That is what it is12 stating here.13 Q So what do we have, four agency relationships14 here, as you have characterized it, stacked agency15 relationships that you have affixed your signature to16 this document on behalf of? Ii17 A Yes.18 Q Now, you have described to me, as I understand19 it, that Ticor's responsibility vis-a-vis its clients is20 to determine who is entitled to notice so that the21 foreclosure that is commenced by the notice of default22 at the end of the day somebody can't pop up and say they23 didn't get the required notice?24 A Correct.25 Q And that is what you have describe as TSG?

-::-: ,:.,,' :\:';,:,'.',,' ,".' '" ",d ",', ,',


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Page 65A Correct, that is our product that we issue.Q So let me ask you this, why doesn't Ticor just

send that information to one of these entities and letthem start the foreclosure if they are the ones thatknow whether or not they have authori ty to forecloseinstead of Ticor Ti tle signing -- having you signdocuments that you have no idea whether the contents ofthe documents are true?

MR. WARREN: Obj ection, argumentative andcompound. Answer if you can.

THE WITNESS: Well, in the older days that ishow it was and it's only the advent of the newelectronic recording that has caused this signaturestacking to become commonplace.BY MR. HAGER:

Q Wel l, when you say commonplace, are there anyother companies other than Ticor Ti tle that have thissignature stacking that you're aware of --A Well, it's --

Q in Nevada?A My understanding that it is used, you know, inthe industry fairly commonly.

Q Does Recon Trust use it?A I'm not directly familiar whether they do ornot.


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1 A..-_..._. Page 67

Only in an indirect way of occasionally seeing2 what might get recorded at the recorder's office.3 Q So in that indirect way and based upon your4 total experience in the industry and your involvement in5 this signing of stacking of agency relationships, tell6 me one other company that does what you do in terms as7 agent for as agent for as agent for?8 A I know I have seen them, but I can't give their9 names because I wasn't paying attention at the time. I10 wasn't interested.

1112 A13 them.1415 A1617 A1819 A

Q So as you si t here today you don't know of one?Not off the top of my head, but I have seen

Q Who is your supervisor?Steve Schiller.

Q Where does he work?In our office, Ticor Title.Q Who is Steve Schiller's supervisor?

I'm not sure of the chain of command above him.20 They are out of the office.2122

Q What office supervises your office?A I am not directly familiar wi th that. I

23 believe our regional office possibly.2425

Q Where is that? IA Based in Vegas. 1

Ir


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.,'

Page 68Q Now, are you aware that there -- over the lastthree or four months there has been national mediacoverage of what has been called robo signers?A Yes.

Q Has there been any review of your actions byTicor Title in connection wi th your execution of noticesof defaul t since that robo signer story broke?

A No.Q What is the connection, if any, between yourcompany and Fideli ty?A Our company, my understanding is, you know,

we're owned or a subsidiary or there is a relationshipthere corporate-wise.

Q With what Fidelity company?A I'm not sure. Fideli ty something or other.Q What about United Title of Nevada?A I'm aware of the name.Q Are you aware of any connection between Ticor

Title and United Title?A No.Q How many times have you been sued in connection

wi th foreclosure cases?A As far as being served?Q Yes.A I'm not sure of the total number. It might be

, ,,', '" "". :-.... '.':'.'..':.:- .'.':',.'. ,'r "


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Page 69around 20-ish.

Q And has -- have you brought it to the attentionof your employer that you have been sued approximately20 times for executing notices of defaul t or yourinvol vement in foreclosures?

A Yeah, they are aware every time I get served.Q And have you ever had any meetings with anybody

in Ticor or any Ticor related company to go over whetherthe allegations against you in those complaints hadmerit or did not have merit?

A No.Q Are you still signing notices of defaul t at the

present time?A Yes.Q And are you still failing to determine whether

any of the statements contained in those notices ofdefault are true?

A Our operations are still operating as they havebeen.

Q Are you still failing to undertake any actionto determine whether the statements contained in thenotices of default are true?

A No.Q You have changed?A Let's rephrase the question.

I


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Page 70Q Are you -- You have described to me that you

have never read a notice of defaul t before you sign it?A Right.Q Is that still true?A Yes.Q Is it still true that you don't take any effort

to determine whether the statements contained in anotice of default that you sign are true?

A No effort.Q And do you make any attempt whatsoever todetermine whether any of the companies on whose behalfyou are signing a notice of defaul t have any authori tywhatsoever to commence a foreclosure on a given propertybefore you sign that document?

A No.Q Do you plan to change what we have just talked

about in any way? In other words, to take some effortto see whether or not the contents of the documents aretrue before signing them?

A Well, that is not in my purview.Q Well, it could be in your purview if you wanted

it to; right?A I could refuse to sign the document, I guess,

1

yes.Q Or you could say I would like to make sure that


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Page 71what is in this document is true before I sign it?

A I don't believe we would see any resul t inthat, other than maybe not being given the document tosign, so We're not in that loop.

Q So your concern is that if you were to say youwanted to look at documents to determine whether or notthe contents --A Right.

Q -- the statements in the notice of default weretrue --A Right.Q -- might resul t in you no longer being able to

sign notices of defaul t because you wouldn't have thatbusiness?

A Well, that is -- you know, that is not in ourpurview to -- This is the client's statement that theypresented us wi th this document to sign on their behalfand they would probably find it outside of ourconsideration to be questioning what is on thesedocuments.

Q And I understand, but you have been sued some20 times over these documents; right?

A We have been named in cases, you know, thatinclude a lot of allegations of lots of sorts regardingthese foreclosure matters and the loans underlying them.

I

,..' ~


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Page 72Q Including that you started foreclosures onbehalf of companies that had no authority to foreclose;right?A Well, again we didn't start the foreclosure perse. We recorded a document on behalf of our client.

Q You have been sued for signing notices ofdefaul t on behalf of companies --A Right.

Q -- that have no authority to foreclose; true?MR. WARREN: Obj ection characterization

question.THE WITNESS: I don't know if these statements

are true that you're alleging, so --BY MR. HAGER:

Q Which statements?A The ones you just rattled off.Q Well, you tell me, sir, what is your

understanding of what you have been sued for in your ownwords approximately 20 times?

A My understanding is that I have been swept upin an effort to put a stop or to litigate, you know, theloan issues that revolve these properties, and since Iwas, you know, the easiest target I'm being, you know,put through the ringer here personally for something Ihad nothing to do wi th.

I


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Page 73Q Well, now that you have had an opportunity to

answer some questions from me today and you understandthat I'm asking you questions like do you know whetheranything is true in this document that you have signedand your answer is no, do you now understand that it'snot just that you are an easy target because you signedthese things, but it's also because you didn't even lookto see if whether what you were signing was true?

MR. WARREN: Objection, argumentative.BY MR. HAGER:

Q Do you understand that now?A There is no requirement for me to read thedocument and understand about it's details. This is notan affirmation statement presented to a court.Q If I --A My signing is not me personally attesting toanything.

Q If I asked you to sign a document saying thatMrs. Jones who lives over there and that is adescription of her car ran into me, ran a red light andran into me, would you sign it, if you didn't know itwas true?

A That is a completely different si tuation.Q Why is it different?A This is not a case of personal injury where you

I

~ 7' ~ -


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1 need wi tnesses.2 Q This is a case of taking someone' shouse,3 right, foreclosing on it?4 A Well, whatever that means again, you know.5 This is a legal process to regain the securi ty of a6 promissory note.789

QAQ

Do you have a mortgage on your home?Yes.So you would understand what it would mean if

10 somebody foreclosed and took your home and you didn't11 have it any more; right?1213141516171819

A I would understand that it was because of anaction possibly that I might have taken.

Q By signing a notice of defaul t?A No, by not making a house payment.Q But you don't know whether these people made a

house payment or not --AQ

No.-- because you never made any inquiry as far as

20 whether there was ever even any default, did you?21 A I think that is not for me to question. I'm22 not signing this on behalf of myself personally.2324 you?25

Q And you don't plan to change that at all, do

A Unless I'm instructed. I'm just an employee---.,-t , ,


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Page 75signing documents as instructed.

Q So absent an order of the court you willcontinue to sign documents presented to you wi thouttaking any -- undertaking any effort to see whether anystatement contained in that notice of default is true;correct?

A Unless my management tells me otherwise.Q And as of this point they have not even asked

you or talked to you about any of the lawsui ts againstyou for signing notices of defaul t; correct?A Correct.Q Now let's compare the first document in Exhibi t

4 wi th the second document in Exhibi t 4, both of whichare notices of defaul t, both of which were recorded inLyon County.

MR. WARREN: Excuse me, counsel.MR. HAGER: And I'm sorry, the second one, I

believe, was recorded in Washoe County.MR. WARREN: That is correct.

BY MR. HAGER:Q Okay, let's go to the third one, which is

recorded in Lyon County.When you signed this document it said recording

requested by LPS Title Company of Nevada; right?A Again up in the upper left-hand corner, yes.

1

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Q And that was the onl y thing that was on thi s2 document at the time, the recorder's stamp was not3 there; correct?45

AQ

Correct.So who told you the recording was requested by

6 LPS Title Company of Nevada?7 A I'm not understanding your question. Nobody8 told me anything.9

101112

Q Well, you signed this document saying that thatwas true, so -- Ii

AQ

Where's that?Oh, this gets back to your saying that you're

13 merely signing a document, it doesn't mean you're saying14 anything in the document is true; right?1516

i

AQ

Correct.Who was the beneficiary on this deed of trust

17 at the time that you signed this notice of defaul t and18 caused it to be recorded starting this foreclosure in

-192021222324 At the time I signed, as the questions of this nature25 have come previously, again I don't know who the

Lyon County?MR. WARREN: You're referring to 443553?MR. HAGER: Yes.MR. WARREN: Thank you.THE WITNESS: Who is the beneficiary or who --

,'.,".'",', ,.,.,'.'.,','.. ..',',' .'.C. '", _.'.:'


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Page 77beneficiary is on this one.BY MR. HAGER:

Q Who was the trustee?A It was who it was at the time, which I have no

knowledge of.Q So at the time you signed this document,

443553, on June 5th, 2009 you did not know who thebeneficiary of this loan was and you did not know whothe trustee of the loan was; correct?A No, correct.

Q Now let's take a look at this signature line ofyours.

A This is 443553?Q Yes.A Yes.Q Stanley S. Silva and then you go Stanley S.

Sil va agent?A Yes.Q Did somebody tell you to wri te your name and

then put Stanley S. Silva agent?A Yes.Q Who?A When I was first hired the gentleman who was

doing this before me showed me by example this is how hewas shown to sign the document.

--- -:--- :_---- ,',.'.',',,',,' , ;, '.."


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12

Page 78Q Who was that person?A His name was Garrett -- I don't remember his

3 last name. He was an employee of our company.45 name?67

Q Did he tell you why to put agent under your

A Other than that is how he was told to do it.Q Did anybody else at Ticor Ti tle tell you to

8 sign that in that fashion?9

10A No.Q Does anybody review these notices of defaul t in

11 Ticor Title after you execute those?1213

A Wi thin our organization, no.Q Getting back to your signature line, this one

14 you have signed Stanley S. Silva and then it says15 Stanley S. Silva agent, LPS Title Company Nevada as16 agent all under the signature line.17 What does that mean, who is the agent of --18192021

A OfQ Of who?A Well, I'm signing, in fact, on behalf of Ticor I

ITi tle of Nevada who is agent for LPS Ti tle who is agent22 for National Default Servicing.232425

Q Who is agent for Fidelity National?A Apparently, yes.Q Which is a servicer for Wilshire?


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Page 79A Apparently.Q What does that mean?A Other than what it means on the surface.

Apparently there are a number of business relationshipsthere.

Q So who actually started this foreclosure amongthose names that we just talked about?

A Well, we would suppose through our knowledge ofwhat we understand about the lending servicer industry,I would say it would be Wilshire. They are stating onhere that that is the servicer, or Wilshire might be --Excuse me, I looked at that incorrectly.

Wils

full deposition of stanley silva, notice of default robo-signer

Documents