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IN THE SECOND JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
--000--
JOSEPH JONES and MEISA JONES,
and other similarly situated
persons, Case No. CV10-01660
Dept. No. 9
Plaintiffs,
vs.
WELLS FARGO BANK, N .A. ,
NATIONAL DEFAULT SERVICING
CO., STANLEY S. SILVA, and
UNITED TITLE OF NEVADA,
Defendants.
Page 2
1
APPEARANCES:
2
3
For the Plaintiffs: HAGER & HEARNE
4 Attorneys at Law
By: ROBERT HAGER, ESQ.
5 -and-
TREVA HEARNE, ESQ.
6 245 East Liberty Street
Reno, NV
7
Page 3
1 I N D E X
2 EXAMINATION PAGE
3 BY MR. HAGER 6
6 EXHIBITS
7 NUMBER DESCRIPTION PAGE
8 1 Notice of Defaul t 5
10 3 Notice of Defaul t 5
11 4 Notice of Defaul t 5
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12 5 Notice of Breach 5
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13 6 Notice of Breach 5
14 7 Notice of Defaul t 5
15 8 Notice of Defaul t 5
16 9 Notice of Breach 5
17 10 Notice of Defaul t 5
18 11 Notice of Breach 5
19 12 Notice of Breach 5
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Jones v. Wells Fargo Stanley Silva January 4, 2011
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1 ATTORNEY'S NOTES/CORRECTIONS
2 PAGE LINE
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Jones v. Wells Fargo Stanley Silva January 4, 2011
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1 PURSUANT TO NOTICE, and on Tuesday, the 4th day of
5 SILVA.
6 --000--
7
Page 6
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 and
5 Hearne at 245 East Liberty, suite 110, Reno, Nevada,
6 89501.
7 My name is Bill Stephens, the certified legal
8 videographer representing Bill Stephens Productions
9 Incorporated at 320 Stewart Street, Reno, Nevada 89502.
10 I am not related to the parties involved and have no
11 interest in the outcome of this deposition.
12 The court reporter is Janet Menges from Bonanza
13 Reporting at 1111 Forest Street, Reno, Nevada. Janet,
14 would please swear in the deponent.
15
16 STANLEY SILVA
17 called as a witness, being first duly sworn,
18 was examined and testified as follows:
19
I
21 i
22 EXAMINATION
i
23 BY MR. HAGER:
24 Q Sir, have you ever had your deposi tion taken
25 before?
7'- ~ .,,', " =
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 7
1 A No.
2 Q What is your age?
3 A Fifty-three.
4 Q You're under oath the same as if you were
5 testifying in a court of law.
10 A Yes, I do.
11 Q So you understand that it's important that you
12 answer my questions truthfully?
13 A Correct.
14 Q And do you also understand that after this
15 deposi tion the court reporter will prepare a transcript
24 .A Correct.
25 Q And you understand that if you do make any
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Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 8
1 changes I can point that out to a jury later and have
2 them look at this portion of the deposition and the
3 video and tell them that you were told by me at this
4 time that if you did so I could tell the jury later that
5 you were dishonest and untruthful today.
6 Do you understand that?
7 A I understand.
13 days?
14 A Yes.
15 Q Was anyone else present when you met wi th
16 Mr. Warren?
17 A Yes.
18 Q Who was present?
19 A My supervisor.
;
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Jones v. Wells Fargo Stanley Silva January 4, 2011
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1 A In our offices.
2 Q Have you talked with Mr. Warren in the past
Page 10
1 Q i want you to tell me, sir, if you would,
2 please, which documents you reviewed?
3 A Verbatim?
4 Q Yes.
5 A Wel l, we looked at the deed of trus t . We
6 probably looked at some other documents that might have
7 related to the case.
8 Q In what way?
9 A That were part of this case.
10 Q Okay.
11 A I don't have a complete recollection of
12 indi vidual documents.
13 Q Did you look at any documents when you met wi th
14 Mr. Warren that you had never seen before?
15 A No.
16 Q Did you look at the notice of default?
17 A Yes.
18 Q Notice of sale?
19 A No.
20 Q So you looked at the deed of trust, the notice
21 of defaul t. at any other documents?
Did you look
22 A There were numerous documents in the package
23 that I might have glanced at.
Page 11
1 A They were part of a scanned file that was
2 e-mailed.
3 Q From -- by whom to whom?
4 A By Mr. Warren.
5 Q To you?
6 A To me.
7 Q Had you ever seen those documents before?
8 A Some of them, no.
9 Q The ones you had not seen before, what were
10 they?
11 A They appeared to be the loan origination
12 documents and things related to that side of the
13 transaction.
14 Q Where did you go to high school?
15 A El Dorado High School.
16 Q In Las Vegas?
17 A In Placerville, California. ..
. -"
18 Q Did you have any education after high school?
19 A Yes.
20 Q Where?
21 A UNR.
22 Q Did you obtain a degree from UNR?
23 A No.
24 Q What did you study at UNR?
25 A Engineering.
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Jones v. Wells Fargo Stanley Silva January 4, 2011
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1 Q For how many years?
2 A Three.
3 Q Do you have any degrees after your high school
4 degree?
5 A No.
6 Q Tell me about your employment post high school?
7 A Beginning right after high school?
8 Q Yes.
9 A And running through --
10 Q Today.
11 A The entire picture?
12 Q Yes.
13 A Let's see, high school. Right after high
14 school I was working in my job that I had during high
15 school which was at a gas station.
16 Q Doing what at the gas station?
17 A General gas station duties.
18 Q Were you the manager of the gas station?
19 A No.
20 Q What job did you hold after working at a gas
21 station?
22 A Then I got a job at a ti tle company.
23 Q What title company?
24 A It was called Silverado Title Company.
i
25 Q Where was that job?
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I
Jones v. Wells Fargo Stanley Silva January 4, 2011
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1 A In Placerville, Cali fornia.
2 Q How long did you work there?
3 A For about two years.
4 Q What were your duties in that employment at
5 Silverado Ti tle Company?
1
Page 14 1
1 A Probably two years.
2 Q Wha t was your next job after that?
11 years.
12 Q After you left UNR did you have any other
13 forma led u cat ion?
14 A No.
15 Q What school were you going to when you said you
16 were going to school at approximately the time you were
17 working for or left Washoe Ti tle?
18 A That was UNR.
20 A Correct.
21 Q What was your next job after Washoe Title?
Page 15
1 A For ten years.
2 Q When did you leave Founders Title Company?
3 A Probably December '96.
4 Q What were your job duties at Founders Title
5 Company?
6 A Various through the years culminating in
7 managing the ti tle department.
Page 16
1 A Correct.
2 Q What was your start date at Ticor Ti tle of
3 Nevada?
4 A End of June of '07.
5 Q What are your duties at Ticor Title of Nevada?
6 A I'm a title officer.
7 Q That's your posi tion; right?
8 A Correct.
9 Q What are your job duties at Ticor Title of
10 Nevada?
11 A Excuse me, to produce reports for our clients.
12 Q Anything else?
13 A To oversee the functioning of our TSG
14 department.
15 Q What does TSG mean?
16 A That is an industry acronym for trustee sale
17 guarantee.
18 Q And since I'm not a ti tle person, what do you
19 mean by that, trustee sale guarantee?
Page 17
1 Q And you have described TSGs, correct me if I'm
2 wrong, as being a product our industry issues on behalf
3 of foreclosing trustees?
4 A Correct.
5 Q So am I missing something or would the answer
6 to my earlier question be yes, that the entire area in
7 which you work at Ticor Ti tle of Nevada since you became
13 foreclosures? I
25 time frames.
~~ I
Jones v. Wells Fargo Stanley Silva January 4, 2011
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1 Q When you say the formal process of the
11 the process.
12 Q Do you record notices of defaul t?
13 A I send them to the recorder's office. They
14 record them, yes.
15 Q Have you ever signed a legibili ty notice at the
16 recorder's office?
17 A Yes.
18 Q Do you record notices of defaul t?
19 A In answer my previous
21 BY MR. HAGER:
22 Q Are you making a distinction between whether
23 you personally get in your car and drive to the
24 recorder's notice and present a notice of defaul t and
25 the recorder actually recording it?
I,
Page 19
1 A Yes.
2 Q Oh, okay, then let's -- I want to be real clear
3 on that.
4 Do you go to the Washoe County Recorder's
7 A No.
8 signed a legibili ty notice is
Q When you it at
9 the Washoe County Recorder's Office?
10 A No.
11 Q Where do you sign the legibili ty notice?
12 A In our office.
13 Q And do you sign the legibili ty notice before
Page 20
1 notice of defaul t be prepared in a recordable form?
Page 21
1 You have got a notice of defaul t?
2 A Yes.
3 Q Are you with me so far?
4 A Yes.
5 Q You execute that notice of default, you sign
6 it; right?
9 the company.
14 A Yes.
15 Q When you decide to place your signature on a
16 document, if you understand that there is a potential
17 problem with the recordability of that document, why
Page 22
1 you're using is pretty broad so that needs to be defined
2 down.
3 Q Rather than define it down let me ask it this
4 way, have you ever instead requested that a recordable
8 A Yes.
9 Q Why?
10 A The error may be of a type that is not
11 appropriate for this legibili ty notice.
12 Q Gi ve me examples of when you have requested
13 that a document be prepared to correct an error, to use
14 your term?
Page 23
1 A I would e-mail back to the party that sent me
2 the document.
3 Q So if I were to request from Ticor Ti tle copies
Ii
I,
13 that--
14 A If that is what you want.
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1 prepared?
2 MR. WARREN: Asked and answered.
3 THE WITNESS: Just by general review of the
4 document. They might be missing, you know, some
5 information that it needs, so --
6 BY MR. HAGER:
Page 25
1 true?
2 A That is a broad question. I'm not sure exactly
3 what information I should be presenting this in.
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1 Q You have to answer to answer the question
19 foundation.
20 THE WITNESS: We're not required to look for
21 it. :
22 BY MR. HAGER:
23 Q So the way this deposi tion process works is you
Page 27
1 answer would have been responsive to the question.
3 A I'm learning.
4 ~ And if the question before had been in what
5 capaci ty is the party foreclosing, as trustee or
8 Do you understand?
9 A I'm learning.
10 Q But my question to you, sir, for the third time
11 here is in connection with your review internally of the
12 records of Ticor Ti tle prior to your execution of a
13 notice of defaul t
14 A Right.
15 Q -- did you look to see whether a substi tution
16 of trustee had been signed or recorded?
17 A No.
18 Q When did you first start signing notices of
19 defaul t
20 A Well
21 Q -- in your career?
22 A About the time the electronic recording method
23 started becoming available.
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1 to record at the recorder's office, otherwise known as
2 E recording.
3 Q Was there some connection between the fact that
4 the recorder's office went to E recording and the fact
17 of default?
Page 29
1 notices of defaul t that you ever executed, were they
2 ever mailed?
5 Q To the homeowner?
6 A Meaning us mail to the homeowner?
7 Q Yes, you signed a notice of defaul t?
8 A Right. That is not in our realm of
9 functioning.
10 Q That is not in Ticor Ti tle' s realm of
11 functioning?
12 A No, that is a foreclosure process.
13 Q So do I understand you correctly nei ther you or :
16 A No.
17 Q -- and had recorded?
18 A None whatsoever.
19 Q So after you sign and cause to be recorded a
20 notice of default that you have signed, what do you do,
Page 30
1 Q Is it -- In your mind is there some kind of
2 distinction between the fact that you put your -- affix
21 A Yes.
22 Q My earlier question to you is what involvement,
23 if any, after that do you have relative to the
25 A Nothing.
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Jones v. Wells Fargo Stanley Silva January 4, 2011
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1 Q Is there a geographical area of properties that
2 you sign documents for?
17 A Nothing.
18 Q Who prepares the notices of defaul t that you
19 sign?
20 A I'm not exactly sure. They are prepared when
21 they are sent to me so I'm not aware of, you know, the
Page 32
1 A No, they are prepared off-si te by other
2 parties.
3 Q Have you ever signed any notices of defaul t on
4 the weekend?
5 A No.
6 Q Approximately how many notices of defaul t have
7 you executed since you became employed by Ticor Ti tle?
8 A Well, over the time frame my best guess would
9 probably be in the one or 2000 range, and that is over
10 going on almost four years now.
13 A No.
14 Q Are you familiar with the Nevada non-judicial
15 foreclosure statute?
16 A Only operationally.
17 Q Is it your understanding that the Nevada
18 non-j udicial foreclosure statute requires that the
19 company on whose behal f you're signing a notice of
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1 A I don't, no.
2 Q You don't know whether they have any authority
3 to foreclose?
8 A No.
9 Q Are you a notary?
10 A Personally, yes.
11 Q Have you ever notarized any other employee's
12 signature on a notice of default at Ticor Title?
13 A No.
14 Q Do you sign notices of defaul t before a notary?
15 A Yes.
16 Q Do you sign the notary's book each time she
17 notarizes your signature?
18 A No.
19 Q Now you're a notary. Do you know whether or
20 not that satisfies the requirements of notaries in the
21 State of Nevada?
Page 34
1 and training.
2 Q Describe the layout in the office where you
18 A No.
19 Q Are these notices of defaul t sent to you as I
I
20 attachments to e-mails?
21 A Yes.
22 Q And are there any other documents that are
Page 35
1 Q Let's take a look at these exhibits. If we
you met
A
10 Do I A
15 Q Well, yeah.
19 page document that you signed that put the Jones' house
20 in foreclosure? i
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Jones v. Wells Fargo Stanley Silva January 4, 2011
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1 Q It's an important document. This is the
2 document that started the process whereby my clients
4 A Okay.
5 Q When you signed this document were you
6 confirming that everything in this document is true and
7 correct?
8 A No, I don't believe there is any such
9 affirmation.
10 Q Well, did you understand when you put your
11 signature on this document, sir, that you were saying
12 that everything in this document is true and correct and
13 then you caused it to be recorded in the official
14 records of the Washoe County Recorder --
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1 was true?
2 MR. WARREN: Obj ection, compound, lack of
3 foundation.
4 THE WITNESS: Ask it again.
5 BY MR. HAGER:
25 A Yes.
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 38
1 Q -- did you understand that you were saying
2 everything contained in this notice of defaul t on the
8 BY MR. HAGER:
11 A No.
12 Q Did you care whether they were true or false?
13 MR. WARREN: Obj ection, argumentative.
16 BY MR. HAGER:
17 Q Wha t burden?
18 A To determine the val idi ty of these items you're
19 mentioning.
20 Q To determine whether what is contained in the
21 document you signed was true, you weren't aware that
22 that was
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1 not in the loop on. I'm simply signing a document that
2 was presented to me on behalf of our clients.
6 A Not specifically.
7 Q Did anyone at your company tell you that you
8 were obligated to determine whether statements contained
10 A No. "
24 you?
25 A No.
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 40
1 Q It goes on to say, and has deposited wi th said
12 wri ting.
13 Q Why did you wri te that number there?
i
18 wi th the client plus the documents of record that we i
i
19 have pulled. I
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1 liens, judgments, things of that sort.
5 A Correct.
6 Q And determined whether any party named on this
7 notice of defaul t was named on the deed of trust;
8 correct?
9 A You mean on the signature line on the notice of
10 defaul t, is that what you're talking about?
Page 42
1 assume do not assume these types of issues that you're
2 referring to.
3 Q So is there an indemnification agreement
4 whereby if you execute a notice of defaul t on behalf of
5 a party that is not authorized to foreclose then they
6 will indemni fy you for having executed that document?
7 A I don't know about that type of issue. That
8 wasn't what I was referring to.
9 Q What were you referring to?
10 A To our liabilities under our TSG as to what
11 liabilities we assume that are matters that are being
12 covered by that TSG product.
13 Q What are the liabili ties covered by that TSG
14 product?
15 A That TSG product provides the foreclosing
16 parties with essentially a list of names and addresses
17 for them to use during the foreclosure process for
18 notification purposes.
19 Q What do you mean for notification purposes?
20 A The trustees doing the foreclosure are required
21 by statute to notice certain parties and the TSG is
22 generated for the sole purpose essentially of providing
23 them a list of these names and addresses and that the
24 liabili ty that we assume by issuing that product is that
25 if any of these names and addresses are incorrect then
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Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 43
1 we assume the costs of them being incorrect or being
2 absent.
3 Q So what you have generally described to me is
4 that in order to finalize and complete a foreclosure
Page 44
1 questions about documents you have never read, but
17 beneficiary?
18 A This paragraph I'm referring to, I'm saying
19 it's a statement of the beneficiary.
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1 time you executed this notice of default, Mr. Silva?
25 Q Okay. I'
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 46
1 Since you have read this document's format and
Page 47 Ii
~
1 Q Who was the beneficiary on this deed of trust
20 again?
21 A I f we continue down that same paragraph where
22 they then ci te the deed of trust recording information.
23 Q In the original deed of trust?
24 A Yes.
25 MR. WARREN: Could you read that for the
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Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 48
1 record?
2 THE WITNESS: Continuing that statement it
3 says, National Default acting as agent da da da for the
8 da, and then down on the signature line it has the name
9 of Wells Fargo Bank.
10 BY MR. HAGER:
16 anyone?
17 A That was our client, Chicago Default Servicing.
18 Q So if I'm your client then I can say I'm an
19 ."'~' agent for anyone, is that how -- what Ticor Title's
20 policy was?
Page 49
1 A In all cases that is how it is. My signature
2 is always on behalf of Ticor Ti tle, who is always the
16 I don't know.
21 agency agreements.
22 Q Wel l, you don't know that, though, do you?
23 A Whether they exist or not?
24 Q Right.
25 A No, I don't.
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Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 50
1 Q And you never have known that?
2 A It's been represented that this is so, but I
3 have not known it factually myself. We're not in that
4 loop.
~
5 Q Who represented to you that it was so?
6 A Probably our direct client. I don't have exact
8 agreements themselves.
9 Q When you say it was represented that it was so,
10 are you saying that you assume that it was represented
11 it was so because the client said execute the document
16 A No.
17 Q And nobody has ever wri tten you anything or
18 shown you anything in wri ting that says that these
-
19 agency relationship documents exist; correct?
25 A No.
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 51 '
1 Q When you signed these notices of defaul t during
2 your entire period of employment at Ticor Ti tle, did you
5 sale?
6 A Right.
7 Q And so you understood you would not be signing
8 that notice of trustee sale; correct?
9 A Correct.
10 Q Did you have any understanding of who it would
11 be that would be signing that notice of trustee sale?
12 A No.
13 Q Did you have any understanding of the company
14 on whose behalf that notice of trustee sale would be
15 signed?
16 A No.
17 Q All right, Exhibit 3.
18 Is that your signature that appears on page 2?
19 A Yes;'
20 Q Now, on this one you signed Stanley S. Silva
21 and then explain to me, if you could, what that means
Page 52
1 agent for National Defaul t Servicing Corporation.
2 Q As agent for Wells Fargo?
3 A Correct.
4 Q So we have got three agency relationships and
9 missing.
10 Q I understand, and if you want to later or
23 document?
24 A No, it doesn't.
Page 53
1 al together?
2 A A number of years. I f we want to add them up I
3 would probably say 20 years.
4 Q During that 20 years of your employment in the
5 ti tle business would you agree that when you execute a
8 A Yes.
9 Q And when you execute a document on behalf of
10 potentially three different companies as agent for those
13 A Yes.
14 Q You don't have any employment relationship wi th
15 any of those companies; correct?
16 A No.
17 Q Not LSI Title; true?
18 A No.
19 Q Not National Default Servicing Corporation?
20 A Correct.
21 Q Not Wells Fargo Bank; correct?
22 A Correct.
23 Q Have you seen any documentation that says that
24 you, Stanley Silva, are an agent for any of those
25 companies?
, ,'."'"..,'
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 54
1 A No.
2 Q Now, let's go up into the paragraph that says
10 A Correct.
11 Q So this is a MERS deed of trust?
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Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 55
1 chain and one may not have.
Page 56
1 Corporation was the duly appointed agent for the trustee
3 A No.
4 Q So again wi th regard to this document, you
5 don't know whether any of these statements in this
9 A Yes.
10 Q And it was not the policy of Ticor Ti tle wi th
11 regard to this document in Exhibi t 3 to require you to
14 A Correct.
15 Q Exhibi t 4.
16 This is a Lyon County document, do you see
17 that?
18 A Correct.
19 Q Is that your signature that appears on page 2?
20 A Correct.
21 Q Do you see in the paragraph on page 2 that
22 starts with all caps notice is hereby given that
Page 57
1 A Correct.
2 Q And Pinnacle Financial Corporation and MERS are
12 ears.
13 If you're meaning the signature line does not
14 show Pinnacle or MERS, that's a true statement.
15 Q So looking at that or anywhere in this
16 document, tell me who was the beneficiary of this loan
17 at the time you signed this notice of defaul t?
18 A It's not shown on the notice of defaul t.
19 Q You didn't know; correct?
Page 58
1 correct, at the time you executed this notice of
2 defaul t?
3 A If something was recorded and if it was
15 time.
i
16 Q I didn't ask you that.
i
17 My question now was, was the trustee the enti ty
I
22 commence
23 A Our client was LSI Title Company.
Page 59
1 Company?
2 A In the manner that LSI's client was the
3 trustee, yes. I don't want to interpret that LSI was
4 doing the foreclosure. They were -- National Default
5 Services was LSI's client who then LSI then sent the
6 documents to us to record.
23 A Correct.
24 MS. HARGIS: I'm sorry, can we take a short
25 break?
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Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 60
1 MR. HAGER: Sure.
2 THE VIDEOGRAPHER: We're off the air at 2:21.
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Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 61
1 M-a-u-s-e-r-t.
2 MR. WARREN: Thank you.
3 BY MR. HAGER:
16 we have been talking about, Mr. Silva, the one that you
Page 62
1 that.
2 Q Is it the Lyon County document?
5 A Ticor Title.
I
6 Q Can I see that?
10 right-hand corner.
11 Q Oh, I was referring to the -- not the portion
I
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Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 63
1 LSI Ti tle Company Nevada, agent for National Default
2 Servicing Corporation as agent for Wells Fargo Bank;
3 correct?
4 A That is what the signature line says, yes.
Page 64
1 A LPS -- My understanding is LPS. So I'm not
2 sure our agency agreement may name them both, so
3 Q But you didn't sign on behalf of LPS, you
10 Corporation?
11 A That is my understanding. That is what it is
12 stating here.
13 Q So what do we have, four agency relationships
17 A Yes.
18 Q Now, you have described to me, as I understand
Page 65
1 A Correct, that is our product that we issue.
2 Q So let me ask you this, why doesn't Ticor just
3 send that information to one of these entities and let
15 BY MR. HAGER:
19 A Well, it's --
20 Q in Nevada?
Page 66
1 Q Executi ve Trustee Services, do they use it?
2 A What I would say is I wouldn't be surprised if
3 they do. I don't have direct knowledge whether they do
4 or not.
5 Q As you sit here today under oath under penalty
6 of perj ury do you have any basis for saying that ei ther
7 of those two companies that foreclose on behalf of major
8 banks do this stacking like you do?
9 A I can't answer that directly.
10 Q Because you don't have any information that
11 they do; correct?
12 A Not direct enough to meet this burden that you
I
13 just mentioned.
15 oath. t
t;
,
17 here, so
18 Q Does Recon Trust out of state based on its
19 personal knowledge of whether or not what is in a notice
20 of defaul t is true or not true execute notices of
21 defaul t and have them recorded in Nevada?
22 A I'm not in that loop. They are not one of our
23 clients.
24 Q Are you familiar wi th what any of the other
25 companies do?
Jones v. Wells Fargo Stanley Silva January 4, 2011
..-_..._. Page 67
1 A Only in an indirect way of occasionally seeing
13 them.
14 Q Who is your supervisor?
15 A Steve Schiller.
1
25 A Based in Vegas.
I
r:
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 68
1 Q Now, are you aware that there -- over the last
2 three or four months there has been national media
4 A Yes.
5 Q Has there been any review of your actions by
6 Ticor Title in connection wi th your execution of notices
8 A No.
9 Q What is the connection, if any, between your
10 company and Fideli ty?
11 A Our company, my understanding is, you know,
12 we're owned or a subsidiary or there is a relationship
13 there corporate-wise.
20 A No.
21 Q How many times have you been sued in connection
22 wi th foreclosure cases?
Page 69
1 around 20-ish.
2 Q And has -- have you brought it to the attention
3 of your employer that you have been sued approximately
11 A No.
12 Q Are you still signing notices of defaul t at the
13 present time?
14 A Yes.
15 Q And are you still failing to determine whether
16 any of the statements contained in those notices of
17 default are true?
23 A No.
24 Q You have changed?
25 A Let's rephrase the question.
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 70
1 Q Are you -- You have described to me that you
2 have never read a notice of defaul t before you sign it?
3 A Right.
4 Q Is that still true?
5 A Yes.
6 Q Is it still true that you don't take any effort
7 to determine whether the statements contained in a
9 A No effort.
10 Q And do you make any attempt whatsoever to 1
15 A No.
16 Q Do you plan to change what we have just talked
17 about in any way? In other words, to take some effort
18 to see whether or not the contents of the documents are
Page 71
1 what is in this document is true before I sign it?
7 the contents --
8 A Right.
9 Q -- the statements in the notice of default were
10 true --
11 A Right.
12 Q -- might resul t in you no longer being able to
13 sign notices of defaul t because you wouldn't have that
14 business?
15 A Well, that is -- you know, that is not in our
16 purview to -- This is the client's statement that they
20 documents.
21 Q And I understand, but you have been sued some
22 20 times over these documents; right?
I
Page 72
1 Q Including that you started foreclosures on
2 behalf of companies that had no authority to foreclose;
3 right?
4 A Well, again we didn't start the foreclosure per
5 se. We recorded a document on behalf of our client.
6 Q You have been sued for signing notices of
7 defaul t on behalf of companies --
8 A Right.
9 Q -- that have no authority to foreclose; true?
10 MR. WARREN: Obj ection characterization
11 question.
12 THE WITNESS: I don't know if these statements
15 Q Which statements?
I
23 was, you know, the easiest target I'm being, you know,
Page 73
1 Q Well, now that you have had an opportunity to
2 answer some questions from me today and you understand
6 not just that you are an easy target because you signed
7 these things, but it's also because you didn't even look
20 description of her car ran into me, ran a red light and
21 ran into me, would you sign it, if you didn't know it
22 was true?
23 A That is a completely different si tuation.
24 Q Why is it different?
25 A This is not a case of personal injury where you
~ 7' ~ -
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 74
1 need wi tnesses.
2 Q This is a case of taking someone' shouse,
8 A Yes.
9 Q So you would understand what it would mean if
24 you?
25 A Unless I'm instructed. I'm just an employee
---.,-t , ,
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 75
1 signing documents as instructed.
6 correct?
7 A Unless my management tells me otherwise.
8 Q And as of this point they have not even asked
9 you or talked to you about any of the lawsui ts against
10 you for signing notices of defaul t; correct?
11 A Correct.
12 Q Now let's compare the first document in Exhibi t
13 4 wi th the second document in Exhibi t 4, both of which
15 Lyon County.
16 MR. WARREN: Excuse me, counsel.
17 MR. HAGER: And I'm sorry, the second one, I
18 believe, was recorded in Washoe County.
1
Page 76
1 Q And that was the onl y thing that was on thi s
2 document at the time, the recorder's stamp was not
3 there; correct?
4 A Correct.
5 Q So who told you the recording was requested by
10 was true, so -- i
11 A Where's that?
12 Q Oh, this gets back to your saying that you're
Page 77
1 beneficiary is on this one.
2 BY MR. HAGER:
8 beneficiary of this loan was and you did not know who
9 the trustee of the loan was; correct?
10 A No, correct.
11 Q Now let's take a look at this signature line of
12 yours.
13 A This is 443553?
14 Q Yes.
15 A Yes.
16 Q Stanley S. Silva and then you go Stanley S.
17 Sil va agent?
18 A Yes.
19 Q Did somebody tell you to wri te your name and
20 then put Stanley S. Silva agent?
21 A Yes.
22 Q Who?
23 A When I was first hired the gentleman who was
24 doing this before me showed me by example this is how he
Page 78
1 Q Who was that person?
5 name?
6 A Other than that is how he was told to do it.
I',
21 Ti tle of Nevada who is agent for LPS Ti tle who is agent
24 A Apparently, yes.
25 Q Which is a servicer for Wilshire?
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 79
1 A Apparently.
2 Q What does that mean?
3 A Other than what it means on the surface.
4 Apparently there are a number of business relationships
5 there.
6 Q So who actually started this foreclosure among
7 those names that we just talked about?
20 A Yes.
21 Q This one says MERS nominee for Mila, Inc.,
22 M-i-l-a, Inc.
23 A Right.
24 Q -- as beneficiary.
25 None of them are involved in this foreclosure;
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 80
1 right?
2 A Not that I'm aware of, no. They are not stated
3 on the document down on the signature line.
7 A I wouldn't know.
8 Q You don't know on whose behalf you started this
9 foreclosure by this document executed on June 5th, 2009,
10 do you?
22 A Yes.
23 Q That that is a requirement of Nevada
24 foreclosure law?
Page 81
1 foreclosures. So I'm not in that area of operation.
8 recorded, yes?
9 A I would imagine they have been drawn up to
16 by these enti ties that I work for who are agents for i
Page 82
1 Nevada by placing your signature on these documents;
2 true?
3 A In this realm, yes.
4 Q And so again wi th that understanding is it
5 important that all of the statements contained in the
13 A No.
14 Q So nobody has ever told you they are true and
15 you have never made any effort to determine that they
17 true; correct?
22 Q Let's go to Exhibi t 5.
23 This is a Washoe County Recorder recorded
25 A Yes.
.',', , , ','. ",',' " ,,','.',"
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 83
Page 84
1 Q Who was the beneficiary on this deed of trust
20 don't know who the beneficiary was, you don't know who
21 the trustee was.
22 Was there anybody at Ticor Title that looked
I
23 into any of those things before this was presented to
I
Page 85
1 Q And do you have any plans to request at Ticor
2 Ti tle that somebody look into any of those things that I
3 just asked you about from this date forward before you
12 A Yesterday.
13 Q How many did you execute yesterday?
14 A Five or six, something along those lines.
15 Q And did you cause those to be recorded? I
16 A Yes.
17 Q And did you make any effort whatsoever to
18 determine whether the statements contained in those
20 A No.
21 Q Did you make any -- undertake any effort
22 whatsoever to determine whether or not the companies on
Page 86
1 Q When you executed that notice of default that
2 is in front of you there, you were starting a
19 here.
20 Q Now, have you ever looked at the end resul t of
21 any of these notices of defaul t that you have executed
Page 87
1 foreclosure?
2 A Well, certainly they record all these
3 assignments along the way during the foreclosure process
5 assignment chain.
6 Q You're talking about assignments of the deed of
7 trust?
8 A Yes.
9 Q So you're talking about that what they do is
10 they assign the deed of trust after the loan is in
11 foreclosure?
12 A Yes.
13 Q And does that make them a holder in due course,
14 are you familiar wi th that language based on your
15 understanding?
16 A I'm aware of the term and, you know, it's been
17 a while since I was involved in those areas. So I don't
18 have a clear recollection.
Page 88
1 Do you see that?
2 A Yes.
3 Q And when you signed it it said recording
4 requested by LSI Ti tle; --
5 A Yes.
6 Q is that correct?
7 A Up in the upper left-hand, yes.
8 Q And the only beneficiary named on this deed of
9 trust is MERS?
17 A Yes.
18 Q Based on your personal knowledge you don't know
19 that any of that is true; correct?
20 A Correct.
21 Q Who was the owner of this loan at the time
22 this -- you signed this notice of defaul t?
23 A I don't know.
.,'
24 Q I'm going to get back to something I asked you
25 about a minute ago. I asked you about media coverage of
".','.'.:,:. - ~-., 'j- -'.' "':-',,'
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 89
1 what has been called robo signers?
2 A Yes.
3 Q When you -- You read some of those articles?
4 A I have seen them in the media, yeah.
5 Q TV and newspaper, that kind of thing?
6 A Right.
7 Q Is that correct?
8 A Yes.
9 Q And when you saw those did that cause you to
10 think maybe I bet ter take a look at whether or not I'm a
11 robo signer?
12 A I understood that they were in reference to
13 judicial foreclosures on affidavi ts that had been in
17 Q Foreclosures?
18 A Yes, and robo signer to me was specifically
19 defined as that type of behavior. What I do I don't
20 believe is robo signing in my own mind.
21 Q So you understood, so we can break this down,
22 that what the robo signers were being accused of in the
23 media was signing documents wi thout verifying the
Page 90
1 Q Let's break it down question by question.
2 A -- signing affidavits and submi tting them to
3 court.
4 Q You understood --
5 A So the two comparisons are not similar in
I:
6 Q We will break it down and we will see how much
7 is similar.
8 So I will ask you specific questions and we
9 will get answers from you. Does that sound fair?
10 A That sounds fair.
11 Q That is what this is about. That is what a
12 deposition is.
13 A Correct.
14 Q I'm just a lawyer. I'm just a -- I'm a nice
I
Page 91
1 A I'm not aware of that aspect, so --
2 Q You're not aware that it had anything to do
3 wi th foreclosures?
4 A You said start a foreclosure process.
5 Q Well, let me rephrase.
6 Were you aware that the documents that robo
7 signers were accused of signing wi thout verifying the
8 accuracy of the information contained therein were used
9 to foreclose on people's properties?
10 A They were used in the process, yes.
11 Q And would you agree that that is what your
12 notices of default were used in?
13 A Yes.
14 Q And did you understand that part of the media
15 coverage, the story, if you will, was the failure of
16 those people who were signing numerous documents without
17 looking at the file to see whether or not what they were
18 signing was true was an issue? I
Page 92
1 contractual obligation or liabili ty reason to verify
2 stuff.
3 Q So if you had been signing those same
4 documents, these same notices of default under oath then
5 you would have been obligated to verify the accuracy of
6 the information, is that your understanding?
7 A If that is what was -- the oath required, yes.
8 Q But since you were not under oath, whether it
9 was true or untrue was of no significant to you; --
10 A No.
11 Q is that correct? I
"
12 Is that correct? .
13 A Yes.
14 Q Okay, let's take a look at Exhibi t 7.
15 Again you don't know whether the contents of
16 thi s document are true at al l, anything contained in
17 that document; correct?
18 A Correct.
19 Q And you never undertook any effort to determine
20 whether any statement contained therein was true?
21 A True. 1
Page 93
1 Q And that remains the policy of Ticor Title
2 today wi th regard to your signing notices of default;
3 true?
4 A Yes.
5 Q Now, I asked you a question about whether you
6 signed the notary book.
14 A Right.
15 Q Give me an estimate, because I will get the
16 notary book, of how many times you believe you signed
17 that notary book? I,
'....
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 94
1 A No, no.
2 Q Exhibi t 8, this is a MERS deed of trust?
3 A It says that on the document, yes.
4 Q And MERS and Lime Financial the deed of trust
5 was in favor of; is that right?
6 A Correct.
7 Q Any of those parties involved in this
8 foreclosure?
9 A I'm not aware. They could be. I'm not aware
10 of who is involved.
11 Q You're not aware of who was involved in the
12 foreclosure that you commenced by signing this notice of
13 default on October 10th, 2007?
14 A The statement up here was the original parties
15 on the deed of trust and who the current parties were at
16 the tim~.I signed this, I'm not aware of who they are,
17 other than who is shown on the signature line.
18 Q And you're not aware whether any of those I
Page 95
1 A Other than the fact that they are -- they are
2 our, you know, our clients and other parties are my
4 as indirect as it gets.
7 your client?
8 A Yes.
9 Q So when this document was presented to you, I:
18 foreclosure?
19 A Myself I'm not sure what it means.
20 Q You have been in the ti tle business for 20
21 years and you don't know that it means that that is
22 where they should send the recorded document to?
Page 96
1 for where in this document it says that you were taking
Page 97
1 So your question did Chicago Defaul t have an
2 interest in the property is not correct. They don't
3 have to have an interest in the property, other than the
4 originating beneficiary that they are working on behalf
5 of.
6 BY MR. HAGER:
7 Q MERS and Lime Financial?
8 A Or whoever it might be at the time this was
9 signed. This isn't showing any assignments that may
10 have been there.
11 Q And you haven't seen any?
12 A Not to my knowledge. It doesn't mean they
i
I,
13 weren't there.
14 Q Or that they were there; right?
15 A Ei ther way, yeah.
16 Q Have you ever seen any document reflecting that
17 Ticor Title had an actual agency relationship with
18 Chicago Default Services?
19 A Actually from a distance, yes.
20 Q What kind of document?
21 A Again I didn't have it presented to me for
22 review, but I saw it from a distance within someone's
23 office who was pointing it out to me.
24 Q So tell me what the scope of that agency
25 authority was?
i
._...--,---..-, ,,'.' .:::,':'. ".--.-.':.',.-:;-: I'
",'
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 98
1 A As -- I don't know directly what it was because
2 I never reviewed the document. It was presented to me
3 by management.
11 Q By who in management?
12 A The parties, you know, that were managing the
13 company.
14 Q Who?
15 A It would be Steve Schiller and another
16 gentleman at the time, Don Pauly.
17 Q Is he still there?
18 A Steve is. Don is not physically in the office.
19 I believe he's working remotely.
Page 99
1 with him still, yes.
2 Q And what did they tell you specifically wi th
3 regard to the scope of the agency authority between
4 Ticor Title and what you have called its clients that
5 authorized you to sign documents to start foreclosures
6 on behal f of other companies?
7 A Just that we have an agency agreement wi th them
8 and that we're authorized to sign on their behalf.
9 Q Have you ever seen anything in wri ting that
10 reflects what you just said?
11 A As I mentioned, have I reviewed something in
12 wri ting or have I seen something in wri ting?
1
17 Q No, I'm not talking about these agency
18 agreements that if they, in fact, are agency agreements. I
19 A Right.
20 Q I'm talking about in Ticor Title to you,
21 Stanley Silva --
22 A Right.
23 Q -- something in wri ting saying you are
24 authorized because we have agency agreements wi th these
25 companies to sign notices of defaul t and start
, " ,.,',,', '" .,.' ".,,' ,'.,', ,',',..'
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 100
1 foreclosures on behalf of companies based on documents
2 presented to you?
13 A Correct.
14 Q So it says when recorded mail to Fideli ty
15 Na tional Ti tle Insurance Company; correct?
16 A Correct.
17 Q This is a MERS deed of trust?
18 A It's showing that on the citation of the deed
19 of trust, yes.
Page 101
1 A One of their subsidiary companies, yes.
2 Q Who was the trustee on this property at the
3 time you executed this document in part on behalf of
4 your parent company, Fideli ty National Insurance
5 Company?
6 MR. WARREN: Objection, argumentative. That
7 wasn't his testimony. Answer the question, if you can.
8 THE WITNESS: I'm unaware of who the trustee
9 was at the time that I executed the document.
10 BY MR. HAGER:
11 Q Now, since it was al leged that it was I'
13 A Yes.
14 Q Did you sign this as agent for Fideli ty
15 National Ti tle Company, Insurance Company?
16 A No, it was for I signed it on behalf of
17 Ticor Ti tle agent for LPS.
18 Q As agent for Fideli ty National Ti tle Insurance
19 Company?
20 A That is the representation here that LPS has an
21 agency agreement wi th Fideli ty. That is what is showing 1
Page 102
1 behalf of all of those companies?
Page 103
1 Q So that is what you understand --
2 A But I don't sign on behalf of somebody two
3 steps up directly.
4 Q But you're taking an action on behalf of all of
5 them?
6 A On behalf of them, yes. That is how it's
7 understood, yes.
8 Q So you understand that you're acting on behalf
9 of all of them when you place your signature on a
10 document?
11 A In that regard, yes.
12 Q The next document, Exhibi t 10. T. D. Service
13 Company, you signed on their behalf; correct?
14 A Again wi th the standard caveat of how that
15 works, yes.
16 Q Now, you told me before that you receive these
17 documents from In this instance, let me ask you,
18 would it be T. D. Service Company?
19 A No.
20 Q Who did you receive it from?
21 A From LPS.
Page 104
1 e-mail itself, yes, that this was attached to.
6 company.
7 Q So is LSI a client of Ticor Title of Nevada?
8 A Yes.
9 Wel l, I'm sure they are through the agency
10 agreement wi th LPS. It could be one of the enti ties
Page ios
1 telling the difference between these other company names
10 A Yes.
11 Q Now, are you aware of the -- Have you ever
12 Googled LPS, have you ever heard about the litigation 1
14 wi th MERS?
15 A Not specifically.
16 I'm aware of, you know, what I term, you know,
17 the issues going on back east with, you know, some of
18 the LPS companies, but out here I have not heard a
19 thing. ..~..
Page 106
1 A I'm not aware of it, no, not prior to that
2 time. I mean, it was all media information that I
3 became aware of it.
4 Q Are you aware that LPS is the document process
5 preparer for MERS?
6 A I'm not aware of what LPS' many different
..
Page 107
1 THE VIDEOGRAPHER: We're off the record now at
2 3:43.
3 (A recess was taken.)
4 (Exhibit 13 was marked.)
5 THE VIDEOGRAPHER: We're back on the record now
6 at 3:49. Please go ahead.
7 BY MR. HAGER:
8 Q Thank you.
9 Directing your attention to Exhibi t 11. Is
10 that your signature on page 3?
11
12
13
14
Page 108
1 A Yes.
2 Q So all these other notices of defaul t other
3 than those that identify Fideli ty on them you received
4 directly from LPS?
5 A Yes.
6 Q And you have never seen any document, for
7 example, that reflects that you have any authori ty to
8 sign on behalf of Housekey Financial Corporation;
9 correct?
10 A By that you mean me directly or Ticor Title?
11 Q Or Ticor Ti tle?
12 A Nei ther, no.
21 A Correct.
22 Q Fairbanks Capi tal Corporation?
23 A Correct.
24 Q Select Portfolio Servicing?
25 A Correct.
',.,. ',.,., ,
I:i
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 109
1 Q You just sign these documents because LPS wi th
2 whom Ticor has a contract sends them to you and it's
4 send; correct?
5 A Correct.
6 Q Directing your attention to Exhibi t 12. Is
7 that your signature that appears on Exhibit 12 at page
8 2?
9 A Yes.
10 Q And the same question, there is no document
11 that you're aware of that authorizes you or Ticor Ti tle
12 to sign on behalf of Li tton Loan Servicing LP; correct?
13 A Correct.
14 Q Or LSI Title Company?
15 A Again the LSI/LPS relationship is different
16 than these other names that you're talking about.
17 Q Is that because --
18 A They are treated one and the same.
19 Q Oh, LSI and LPS in your view are one and the
20 same?
21 A Yes.
22 Q Is LSI one of the document preparers for LPS?
23 A I don't know their exact relationship other
24 than the fact that I understand they are related
Page 110
1 Q As to Quali ty Loan Service Corporation, you're
2 not aware of any document that reflects any authority
4 correct?
5 A No.
6 Q Or Li tton?
7 A Correct.
8 Q Directing your attention to Exhibi t 13. Is
9 that your signature on this document?
10 A Yes.
11 Q And this is a legibili ty notice?
12 A Correct.
13 Q And by signing this legibility notice what are
14 you wha t, if anything, are you agreeing to?
15 A Well, I'm using it to get a document recorded
16 that may have some text that may be faint or outside the \
20 document?
21 A Not that I'm aware of.
22 Q Let's take a look at the last sentence of the
23 first paragraph. Therefore, pursuant to NRS 247.120
24 paragraph (3), the county recorder accepted the document
Page 111
1 representation, 1, that a suitable copy will be
4 A Okay.
5 Q By signing this document did you agree to that?
6 A I'm not aware of that particular detail in the
7 language.
8 Q But you are now, you just read it; right?
9 A Apparently so.
10 This is a document that gets used to facilitate
21 document \;
22 A No.
23 Q -- after signing a legibility notice?
24 A No.
25 Q Have you ever made a determination after
~
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 112
1 signing a legibility notice that it is impossible or
2 impracticable to submi t a more sui table copy?
25 in.
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 113
1 Q I don't want to burden you too much. It's only
2 one paragraph.
3 A Yeah.
4 Q You have never read it before?
10 Q Okay.
11 In order to do it you will have to look at the
12 document, not at me.
13 A You want me to read it? I'm wai ting for your
Page 114
1 seen the document, read it. I haven't, you know,
2 recollected when or how many times.
3 Okay.
4 Q So is it your understanding that this
5 legibili ty notice that you signed How many of these
6 approximately have, you signed?
7 A They're rare. Not very many.
8 Q Approximately how many?
9 A Between twenty and a hundred probably on the
10 lower end and that is in a time frame that is longer
11 than just, you know, the time I have been at Ticor Title
12 so
13 Q Well, this one was signed when you were at
14 Ticor Title; right?
15 A Correct.
16 Q And this was attached to a notice of default;
17 right?
18 MR. WARREN: Obj ection.
19 THE WITNESS: I'm not aware of what it was
20 attached to. I assume, since it's in this discussion,
22 BY MR. HAGER:
Page 115
1 signing the document?
2 A We have used it traditionally to get documents
3 recorded that may have had minor flaws in them that the
4 recorder found unacceptable for recordable form and they
5 almost always had to do wi th text imaging being too
6 light or text being in the wrong font, a notary stamp
7 overlying, you know, another part of the text, minor
8 issues like that.
9 Q Okay, now, you have just answered a question
10 about what you have used them for, which was not my
11 question at all.
12 Do you understand that?
13 A It could be.
14 Let's rephrase your question so I can
15 understand it again.
16 Q i will ask the same question again, because
17 that is really the one I wanted an answer to.
18 A That's fine.
19 Q What do you understand the recorder was saying
20 to you by asking you to sign this legibili ty notice and
21 what do you understand that you were saying back to the
22 recorder by affixing your signature thereto?
23 A Well, according to the language in this
24 paragraph, it is -- it has certain requirements in it.
25 Q What was the recorder saying to you?
'.__.' _.':_' -:-,-.:.;_0- _ '.'.,'.,,':.,.;,::- "'.';','.,,." '.'.
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 116
1 A Saying that we don't accept this document
2 because it has something that causes it to be not in
3 recordable form.
17 A No.
18 Q Did you ever make any attempt whatsoever to
19 submi t a more sui table copy at a later date?
21 pretty broad.
24 A No.
25 Q Did you ever make any attempt to determine
.. "'.,
,-. ---- ---
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 117
1 whether it was impossible or impracticable to submit a
2 more sui table copy?
3 A I would say sure, yes.
7 detail better.
8 Q Okay.
9 A You have had time to study this little thing
14 about it.
15 A Well, now that we're discussing it now I can
21 it. I:
Page 118
1 Q And so tell me what did you in that regard?
2 A Reviewed the document and made a decision
3 whether it was practical to get another copy or not.
4 Q Okay.
5 So what I'm trying to understand is, I mean
8 and I can come back to my office and say I'm not going
9 to do that, what, are you kidding me. I mean, it's
10 already been recorded. I got them to take it and sign
11 this thing, or I can call the party that sent it to me
Page 119
1 copy to see whether or not a more sui table copy could be
2 obtained?
3 A Depends on what the issue was probably.
4 Q Did you ever get back to the party that sent
5 you the document to which you have signed a legibility
14 BY MR. HAGER:
~~
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 120
1 this specific case.
2 MR. HAGER: Actually it wasn't, but let me make
3 so there is no question about that.
4 MR. WARREN: All right.
5 BY MR. HAGER:
6 Q In any instance in which you signed a
7 legibili ty notice did you ever contact the party that
8 sent you that document and say I had to sign the
9 legibility notice because the document you sent me was
10 not recordable unless I did so?
11 A I would probably have in my time, yes.
12 Q And bye-mail?
13 A Depends on what time frame we're talking about.
14 Q Any time frame, tell me one example?
15 A Well, I don't have any recollection of an
16 example. So I can't recall.
17 Q But you could produce one in between now and
18 the time of trial if I present to the jury this
19 testimony right now and you failed to produce one, then
20 that would show ei ther that you didn't look or there is
21 none; correct?
22 A As far as producing a --
23 Q What you just said that you did send an e-mail,
24 you believe, to somebody saying you sent me a document
25 that I couldn't get recorded without signing a
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 121
1 legibili ty notice promising in part that I would try to
2 obtain a more sui table copy?
9 responses saying, you know, what was thi sat tached for,
10 that type of thing.
Page 122
1 (The record was read by the reporter.)
2 MR. HAGER: Does that clear things up for you
3 as far as that I was asking what the policy was?
4 MR. WARREN: It assumes that he knows what the
5 policies were. You asked what the policies are.
6 MR. HAGER: You know, in the interest of time
7 and not to deal with thi s, I don't know how to
8 characterize the objection, I'm going to ask this
9 employee of Ticor Title what the policy was at his
10 company wi th regard to this document that he executed.
11 MR. WARREN: You may answer, if you know.
12 MR. HAGER: And then after I finish my question
13 you can make whatever obj ection you want to, but I'm not
14 going to starting asking about whether he knew generally
15 or specifics, do you know of any policies or whatever.
16 I'm interested in a particular policy. That is the way
17 these deposi tions work wi th an employee of a company.
18 BY MR. HAGER:
19 Q What was the policy at Ticor Title, if any,
20 wi th regard to your responsibility after you executed a
21 legibili ty notice on behalf of Ticor Ti tle to get a
22 document recorded to see that you satisfied your promise
23 to the recorder of either submi tting a more sui table
Page 123
1 A I'm not aware whether there is a policy or not.
2 Q Did your superiors at Ticor Title know that you
3 executed legibili ty notices?
4 A They're aware that those who record documents
5 do execute them on occasion.
6 Q And on those occasions what was the policy at
7 Ticor Title with regard to the obligation, if any, for
8 an employee of Ticor Title to submi t a more sui table
9 document or determine whether that could happen?
10 A I'm not aware of whether there is a policy or
11 not.
12 Q When you say they are aware, who was aware at
13 Ticor Title that legibility notices --
19 A Schiller, yes.
20 Q Schiller, and Don Pauly?
21 A Correct. 1
22 Q Anybody else?
23 A There is another management personnel involved
24 as well nowadays.
Page 124
1 A His name is Ron. It's pronounced Brazil, but
Page 125
1 Q In your opinion and --
2 A Sure.
3 Q -- therefore you don't go about doing anything
4 to submi t another document --
5 A No.
6 Q -- or trying to submi t another document or
7 anything else. I~1~ just to get the one --
8 A Generally.
9 Q -- that you presented recorded; right?
10 A Again generally speaking, yes.
11 Q Now Fideli ty, are there any documents at Ticor
12 Ti tle from Fideli ty that set forth the policies of Ticor
13 Title?
14 A There may be. I'm not aware of them.
Page 126
1 A No.
2 Q Have you been sent to any outside seminars or
8 A No.
9 Q LSI?
10 A No.
11 Q Is the only training you ever received from
Page 127
3 told you after you sign it to print your name and write
5 A Yes.
6 Q Now, you have never described to me that any of
7 these other people that you have just named in the chain
12 of default.
25 --000--
'" " ',', ',. ,',',' ". - ' .: , - . '. -~--:--:-.
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 128
4
STANLEY SILVA
5
10
11 Subscribed and sworn to before me
12
this day of , 2011.
13
14
15
Notary
16
17
18
19
20
21
22
23
24
25
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 129
1 STATE OF NEVADA
ss.
2 COUNTY OF WASHOE
19
20
21 DATED: At Reno, Nevada this 17th day of January, 2011.
22
23
25
Jones v. Wells Fargo Stanley Silva January 4, 2011
Page 130
1 STATE OF NEVADA
ss.
2 COUNTY OF WASHOE
3
5 I, , a
11 herein;
12 That the deposition was read to or by the
13 witness;
14 That any changes in form or in substance
15 desired by the wi tness were entered upon the deposition
I
i
16 by the witness;
17 That the wi tness thereupon signed the
18 deposition under penalty of perjury.
19 DATED: At this
20 day of , 2011.
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23
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25