Hallinan Dep 1

EXHIBIT 4
Excerpts from March 3, 2009 Deposition of Francis S. Hallinan

(Hallinan deposition I)
Case 1:09-cv-01710-JHR-JS Document 31-8 Filed 09/08/2009 Page 1 of 37
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1 Q. I would like to turn, then, to the
2 events leading up to the execution of the
3 Assignment in this case, Hallinan-3.
4 Could you describe for us, please,
5 the process by which the firm becomes involved in
6 the matter and leading up to the preparation of
7 the Assignment in this case?
8 A. I will speak generally about a
9 foreclosure as I was not the assigned attorney
10 overseeing this particular foreclosure file.
11 At some point in time, the
12 Mortgagors, Victor and -- I don't even know how to
13 say her name. I'll spell her first name.
14 E-N-O-A-B-A-S-I. Their last name is Ukpe,
15 U-K-P-E -- defaulted on their mortgage obligation.
16 There would be in-house collection efforts by the
17 mortgage servicing agent to try and bring the loan
18 current. And after a certain period of time, the
19 mortgage servicing agent, if unsuccessful, would
20 refer the file out to foreclosure counsel.
21 The decision was made by the
22 mortgage servicing agent to refer this matter to
23 Phelan Hallinan & Schmieg. A physical file would
24 be opened. Some quick title work would be ordered
25 against the property, 717 South Seventh Avenue,
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1 Galloway, New Jersey. That title work would be
2 returned to the law firm. The law firm would then
3 analyze that title work and compare it to the
4 client's referral.
5 In this instance, the referral
6 indicated that the Plaintiff should be Bank of New
7 York As Trustee. The title work, however,
8 indicated that the last holder of the mortgage was
9 MERS, a Nominee for America's Wholesale Lenders.
10 Therefore, an Assignment of Mortgage would need to
11 be prepared, executed and recorded, transferring,
12 showing everyone that the mortgage was assigned
13 from MERS into Bank of New York As Trustee.
14 This document would be prepared. It
15 would then be presented to me and I would execute
16 the document.
17 (Discussion off the record.)
18 MR. MALONE: Could I have this
19 document marked as an exhibit, please?
20 Can I have a group of documents
21 marked that were provided in Discovery?
22 (Exhibit Hallinan-4 marked for
23 identification.)
24 BY MR. MALONE:
25 Q. Mr. Hallinan, I now show you a group
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48
1 of F & P remains, yes.
2 Q. The number 2736, does that indicate
3 that's the 2,736th referral involving Countrywide
4 Home Loans?
5 A. I do not know the answer to that
6 question. I do not know how that number is
7 assigned to the file.
8 Q. Proceeding with your description,
9 then, of how the process unfolds leading up to the
10 preparation of the Assignment, what documents
11 would you look at next in Hallinan-4 for
12 identification?
13 A. Based upon a referral, our firm will
14 then order some Quick Title Search work done on
15 the specific property, 717 South Seventh Avenue,
16 Galloway, New Jersey, Atlantic County.
17 Q. And from whom do you order that
18 title search work?
19 A. Full Spectrum -- or Full -- yeah.
20 Full Spectrum Legal Services.
21 Q. And is that title search, is that
22 included in the fee we discussed earlier for
23 preparation of the Assignment, the recording, the
24 Acknowledgment, or is that a separate fee?
25 A. No. That's separate and distinct.
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1 Q. And how much is the title fee in a
2 case such as this case or is there a range?
3 A. There would be a range, based upon
4 the client. That range can vary anywhere from I
5 believe $200.00 to $325.00, possibly $350.00.
6 Q. And can you tell us how that title
7 search is accomplished? Is it done within Full
8 Spectrum Legal Services or does Full Spectrum
9 Legal Services contract it out?
10 MR. BERNHEIM: Or a combination
11 thereof.
12 Q. Or a combination thereof?
13 A. Full Spectrum Legal Services has
14 abstractors throughout the states of Pennsylvania
15 and New Jersey. In New Jersey, I believe they
16 have approximately ten abstractors that have one
17 courthouse to cover or perhaps up to three
18 courthouses to cover, based upon their territory
19 and the volume of foreclosures in those counties.
20 An internal employee at Full Spectrum will receive
21 an order from the law firm and will request that
22 the abstractor abstract the title and respond back
23 with a Quick Search and/or a title report on the
24 property that is to be foreclosed upon.
25 Q. In the case where you use an
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51
1 same rate to the law firm.
2 Q. And I'm asking you to generalize.
3 Generally, does a law firm accomplish a markup for
4 this service?
5 MR. BERNHEIM: Object to the form of
6 the question.
7 A. The law firm has an agreement with
8 the clients as to what it will -- as to what the
9 client will pay for title work.
10 Q. And does the law firm then try and
11 go out and get a title searcher who will work for
12 less than what the client is giving the law firm?
13 That's simply my question.
14 So, does the firm make a profit on
15 it?
16 MR. BERNHEIM: Object to the form of
17 the question.
18 A. The firm is paid for its services.
19 Is a profit made in abstracting title? Yes.
20 Q. Approximately, if a title agent is
21 asked to do services and bills at an amount -- let
22 me try it again.
23 Let's take this case.
24 Do you know if, in this case, a
25 title agent was used or was all the title work
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83
1 whether you can identify anything that was
2 inaccurate in the deposition, notwithstanding my
3 objection to the question.
4 A. Yeah. It's too broad for me to
5 answer that question.
6 Q. Okay.
7 A. I'm not trying to be difficult. If
8 you ask me a specific question, I'll try and
9 answer it for you.
10 Q. In the Assignment in this case,
11 witnessed or attested to by you, notarized by Mr.
12 Strain, did you appear before Mr. Strain?
13 A. I don't recall.
14 Q. Mr. Strain testified that his
15 practice, the person witnessing or attesting the
16 document; that is, the MERS Assistant Secretary,
17 Vice President, did not appear before him.
18 MR. BERNHEIM: Objection. That
19 wasn't his testimony.
20 MR. MALONE: I don't want to argue
21 about his testimony. I'll rephrase the question.
22 BY MR. MALONE:
23 Q. Mr. Strain said that he focused on
24 whether he recognized the signature on the
25 document. Do you recall reading that?
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1 A. I do.
2 Q. Do you have any reason to dispute
3 his characterization of what he did; that is,
4 seeing if he recognized the signature?
5 A. No.
6 Q. The particular Assignment of
7 Mortgage in this case, the first page, if I can
8 invite your attention to it.
9 A. Sure.
10 Q. And the first line says, "For value
11 received, Mortgage Electronic Registration
12 Systems, Inc., as a Nominee for America's
13 Wholesale Lender, its successors and assigns."
14 I'll stop there.
15 The first question I have is what
16 value did MERS receive?
17 A. I don't know.
18 Q. Do you know if in fact there was any
19 value exchanged?
20 A. I don't know.
21 Q. Continuing on down about a little
22 more than halfway down the page -- well, not that
23 far down. That first full paragraph.
24 After identifying to whom the
25 Assignment is made, Bank of New York, and the
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107
1 He's given you a fairly detailed
2 explanation as to the information that Mr. Strain
3 possessed.
4 MR. MALONE: Fine. I would like an
5 answer to that question.
6 A. I don't know if I appeared exactly
7 before him on March 14, 2008. I don't know. I
8 don't recall. I've indicated time and time again
9 in this deposition how I customarily executed
10 these documents and the process by which Mr.
11 Strain would notarize the documents.
12 Q. Mr. Strain's deposition talked about
13 a stack of assignments being brought to him in his
14 office and him notarizing up to 50 a day, without
15 the Assistant Secretary and Vice President being
16 -- of MERS, being present.
17 Do you have any reason to dispute
18 his recollection of the process used for signing
19 Assignments, including the Assignment in this
20 case?
21 MR. BERNHEIM: Again, objection.
22 It's a mischaracterization of Mr. Strain's
23 testimony, taken out of context. It's also an
24 inappropriate question for a deposition.
25 You're asking him to adopt your,
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1 what I submit, is a misread of the deposition
2 transcript.
3 BY MR. MALONE:
4 Q. Having read Mr. Strain's deposition,
5 do you recall that part of his deposition?
6 A. I do.
7 Q. And my question is having now
8 recalled that part of his deposition, do you have
9 any reason to dispute it?
10 A. As I indicated previously, there
11 were occasions when documents would be messengered
12 over to Mr. Strain to notarize when I wasn't
13 standing in front of Mr. Strain. I have no reason
14 to dispute that fact. There were absolutely
15 instances like that, yes.
16 Q. All right. From a series of your
17 answers previously, I understand your recollection
18 is that there were times when the Acknowledgment
19 process took place while you and Mr. Strain were
20 together in the same place and while Mr. Strain
21 was -- while you were signing the document and
22 then he was acknowledging it and placing his seal
23 on it; is that correct? That happened some of the
24 time?
25 A. Yes. Were there instances when he
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Hallinan Dep 1

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EXHIBIT 4

Excerpts from March 3, 2009 Deposition of Francis S. Hallinan

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