Plaintiffs,: Persons

Jones v.
Wells Fargo Stanley Silva January 4, 2011
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IN THE SECOND JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA
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IN AND FOR THE COUNTY OF WASHOE
--000--
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JOSEPH JONES and MEISA JONES,
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and other similarly situated
persons, Case No. CV10-01660
Dept. No. 9
Plaintiffs,
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vs.
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WELLS FARGO BANK, N .A. ,
NATIONAL DEFAULT SERVICING
CO., STANLEY S. SILVA, and su
UNITED TITLE OF NEVADA,
Defendants.
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VIDEOTAPE DEPOSITION OF STANLEY SILVA

TUESDAY, JANUARY 4, 2011
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Reno, Nevada
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REPORTED BY: Janet Menges, CCR #206, RPR

Computer-Aided Transcription
Jones v. Wells Fargo Stanley Silva January 4, 2011
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1
APPEARANCES:
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For the Plaintiffs: HAGER & HEARNE
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4 Attorneys at Law
By: ROBERT HAGER, ESQ.
5 -and-
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TREVA HEARNE, ESQ.
6 245 East Liberty Street
Reno, NV
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7
8 For the Defendants: FIDELITY NATIONAL LAW GROUP
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Attorneys at Law
9 By: RONALD WARREN, ESQ.
3980 Howard Hughes Parkway
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10 Las Vegas, NV
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WRIGHT, FINLAY & ZAK
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12 Attorneys at Law
By: CHRI STOPHER BENNER, ESQ.
13 5532 S. Fort Apache Rd.
Las Vegas, NV
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14
15 SNELL & WILMER
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Attorneys at Law
16 By: JENNIFER HARGIS, ESQ.
3883 Howard Hughes Parkway
17 Las Vegas, NV
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18
19 Also Present: MARK MAUSERT
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BILL STEPHENS, VI DEOGRAPHER

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1 I N D E X
2 EXAMINATION PAGE
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3 BY MR. HAGER 6
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4
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6 EXHIBITS
7 NUMBER DESCRIPTION PAGE
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8 1 Notice of Defaul t 5
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9 2 Notice of Trustee's Sale 5
10 3 Notice of Defaul t su 5
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12 Notice of Breach
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5 5
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13 6 Notice of Breach 5
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20 13 Legibili ty Notice 107

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1 ATTORNEY'S NOTES/CORRECTIONS
2 PAGE LINE
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1 PURSUANT TO NOTICE, and on Tuesday, the 4th day of
2 January, 2011, at the hour of 1:09 p.m. of said day, at
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3 245 East Liberty Street, Reno, Nevada, before me, Janet
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4 Menges, a notary public, personally appeared STANLEY
5 SILVA.
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6 --000--
7
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8 (Exhibi ts 1 - 12 were marked.)
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9
10 THE VI DEOGRAPHER: We're now on the record at

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11 1:09 p.m. The date is January 4th, 2011. This is
12 volume one, part one of the deposi tion of Stanley Silva.
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13 The caption of the case is Joseph Jones, et al,

14 versus Wells Fargo Bank, et al., case number CV10-01660.
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15 This deposi tion is being taken on behalf of the

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16 plaintiffs.
17 Would all attorneys present please identify
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18 -=themselves and state the parties they represent.
19 MR. WARREN: Ronald L. Warren, Fidelity

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20 National Law Group appearing on behalf of Stanley S.

21 Silva, defendant.
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22 MR. BENNER: Christopher Benner from Wright,

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23 Finlay & Zak appearing on behalf of National Defaul t

24 Servicing Corporation.
25 MS. HARGIS: Jennifer Hargis from Snell and
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1 Wilmer appearing on behalf Wells Fargo Bank.
2 MR. HAGER: Robert R. Hager for the plainti ffs .
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3 THE VIDEOGRAPHER: Thank you.
4 We are located at the Law Offices of Hager and
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5 Hearne at 245 East Liberty, suite 110, Reno, Nevada,
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6 89501.
7 My name is Bill Stephens, the certified legal
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8 videographer representing Bill Stephens Productions
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9 Incorporated at 320 Stewart Street, Reno, Nevada 89502.
10 I am not related to the parties involved and have no
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11 interest in the outcome of this deposition.
12 The court reporter is Janet Menges from Bonanza
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13 Reporting at 1111 Forest Street, Reno, Nevada. Janet,

14 would please swear in the deponent.
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15
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16 STANLEY SILVA
17 called as a witness, being first duly sworn,
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18 was examined and testified as follows:

19
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20 THE VI DEOGRAPHER: Please proceed.

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22 EXAMINATION
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23 BY MR. HAGER:
24 Q Sir, have you ever had your deposi tion taken
25 before?
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1 A No.
2 Q What is your age?
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3 A Fifty-three.
Q You're under oath the same as if you were
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5 testifying in a court of law.
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6 Do you understand that?
7 A Yes, I do.
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8 Q And the same penal ties of perj ury apply as if
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9 you were testifying in court.
10 A Yes, I do. su
11 Q So you understand that it's important that you
12 answer my questions truthfully?
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13 A Correct.
14 Q And do you also understand that after this
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15 deposi tion the court reporter will prepare a transcript

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16 of the testimony today, which will have my questions and

17 your answers in that wri t ten booklet form?
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18 A I understand.
19 Q And you understand that when you review that
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20 booklet you can make changes if you feel that the court
21 reporter has taken something down incorrectly or you
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22 want to change your testimony.

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24 .A Correct.
25 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 have
2 them look at this portion of the deposition and the
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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
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5 you were dishonest and untruthful today.
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7 A I understand.
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8 Q Are you represented by counsel today?
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9 A Yes, I am.
10 Q And who is that attorney that represents you?

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11 A Ronald Warren.
12
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Q Have you met wi th Mr. Warren in the past thirty
13 days?
14 A Yes.
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15 Q Was anyone else present when you met wi th

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16 Mr. Warren?
17 A Yes.
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18 Q Who was present?
19 A My supervisor.
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20 Q Who is your supervisor?

21 Steve Schiller.
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22 Q Was anyone else present besides you and

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23 Mr. Schiller when you met with Mr. Warren?

24 A No.
25 Q Where did you meet wi th Mr. Warren?
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1 A In our offices.
2 Have you talked with Mr. Warren in the past
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Q
3 thirty days by phone?
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4 MR. WARREN: Excuse me, would you repeat the
5 question?
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6 BY MR. HAGER:
7 Q Have you talked by phone with Mr. Warren in the
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8 past thirty days?
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9 A Possibly.
10 Q You don't recall? su
11 A I don't recall.
12
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Q Now, when you met with Mr. Warren did you
13 review any documents?
14 A Yes.
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15 Q What documents did you review?

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16 A The ones related to this case.

17 Q And when you say the ones related to this case,
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18 what are you talking about?

19 A The documents related to the case.
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20 Q And I can keep asking and you can keep

21 answering that way or can you tell me what those
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22 documents were?
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23 A I f you -- The specific documents that are of

24 record and they are part of the deposition today. What
25 is it you want me to tell you?
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1 Q i want you to tell me, sir, if you would,
2 please, which documents you reviewed?
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3 A Verbatim?
Q Yes.
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5 A Wel l, we looked at the deed of trus t . We
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6 probably looked at some other documents that might have
7 related to the case.
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8 Q In what way?
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9 A That were part of this case.
10 Q Okay. su
11 A I don't have a complete recollection of
12 indi vidual documents.
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13 Q Did you look at any documents when you met wi th

14 Mr. Warren that you had never seen before?
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15 A No.
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16 Q Did you look at the notice of default?

17 A Yes.
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18 Q Notice of sale?
19 A No.
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20 Q So you looked at the deed of trust, the notice

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

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

25 documents Mr. Warren brought wi th him?
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1 A They were part of a scanned file that was
2 e-mailed.
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3 Q From -- by whom to whom?
A By Mr. Warren.
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5 Q To you?
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6 A To me.
7 Q Had you ever seen those documents before?
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8 A Some of them, no.
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9 Q The ones you had not seen before, what were
10 they? su
11 A They appeared to be the loan origination
12 documents and things related to that side of the
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13 transaction.
14 Q Where did you go to high school?
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15 A El Dorado High School.

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16 Q In Las Vegas?
17 A In Placerville, California. ..
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18 Q Did you have any education after high school?
19 A Yes.
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20 Q Where?
21 A UNR.
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22 Q Did you obtain a degree from UNR?

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23 A No.
24 Q What did you study at UNR?
25 A Engineering.
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1 Q For how many years?
2 A Three.
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3 Q Do you have any degrees after your high school
degree?
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5 A No.
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6 Q Tell me about your employment post high school?
7 A Beginning right after high school?
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8 Q Yes.
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9 A And running through --
10 Q Today. su
11 A The entire picture?
12 Q Yes.
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13 A Let's see, high school. Right after high

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

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16 Q Doing what at the gas station?

17 A General gas station duties.
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18 Q Were you the manager of the gas station?

19 A No.
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20 Q What job did you hold after working at a gas

21 station?
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22 A Then I got a job at a ti tle company.

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23 Q What title company?

24 A It was called Silverado Title Company.
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25 Q Where was that job?
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1 A In Placerville, Cali fornia.
2 Q How long did you work there?
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3 A For about two years.
Q What were your duties in that employment at
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5 Silverado Ti tle Company?
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6 A They were beginning duties such as courier,
7 working in the title plant doing postings, doing
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8 recordings, doing other information gathering.
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9 Q And what was your next job and approximately
10 when did that begin? su
11 A My next job was working for a company producing
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12 rock, crushed rock product.
13 Q When was that?

14 A That was right after that job.
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15 Q When was that?

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16 A Wha tever the time frame was.

17 Q I'm sure.
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18 Sir, could you give me a year approximately?
19 A Well, let's see, probably around 1979 or '80.

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20 Q How long did that job last?

21 A For approximately two years.
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22 Q What was your next job?

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23 A Then I worked for a company distributing media,

24 mainly music and videos.
25 Q How long did you work for that company?
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1 A Probably two years.
2 Wha t was your next job after that?
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Q
3 A Working again for a ti tle company.
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4 Q What title company?
5 A By this time I had moved to Reno and it was a
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6 title company called Washoe Ti tle.
7 How long did you work for Washoe Ti tle?
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8 A Well, they were bought out and then it wasn't
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9 very long. I was part-time going to school while doing
10 that. So I would say that probably lasted a couple of

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11 years.
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12 Q After you left UNR did you have any other
13 forma led u cat ion?
14 A No.
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15 Q What school were you going to when you said you

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16 were going to school at approximately the time you were

17 working for or left Washoe Ti tle?
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18 A That was UNR.
19 Q So that is when you went to UNR?

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20 A Correct.
21
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Q What was your next job after Washoe Title?
22 A Then it was another ti tle company.

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23 Q What was that ti tle company?
24 A Founders Title Company.

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A For ten years.
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2 Q When did you leave Founders Title Company?
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3 A Probably December '96.
Q What were your job duties at Founders Title
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5 Company?
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6 A Various through the years culminating in
7 managing the ti tle department.
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8 Q What was your employment after you left
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9 Founders Ti tle Company?
10 A Then I went to work for First American Title

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11 Company.
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13 A Fi ve years.
14 Q Was that in Reno?
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15 A Correct.
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16 Q When did you leave First American Ti tle Company

17 in Reno?
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18 A Probably October of '02.

19 Q And what employment did you have after leaving?
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20 A Then I went to First Centennial Title Company.

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22 A Fi ve years.
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23 Q And then after that where did you go?

24 A To my current employer, Ticor Title.
25 Q Is that Ticor Title of Nevada?
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A Correct.
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2 Q What was your start date at Ticor Ti tle of
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3 Nevada?
A End of June of '07.
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5 Q What are your duties at Ticor Title of Nevada?
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6 A I'm a title officer.
7 Q That's your posi tion; right?
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8 A Correct.
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9 Q What are your job duties at Ticor Title of
10 Nevada? su
11 A Excuse me, to produce reports for our clients.
12 Q Anything else?
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13 A To oversee the functioning of our TSG

14 department.
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15 Q What does TSG mean?

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16 A That is an industry acronym for trustee sale

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

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

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

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23 Ticor Title of Nevada since you became employed there on
24 June of '07 has been related to foreclosures?
25 A It has been related to producing TSGs.

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1 Q And you have described TSGs, correct me if I'm
2 wrong, as being a product our industry issues on behalf
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3 of foreclosing trustees?
Correct.
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4 A
5 Q So am I missing something or would the answer
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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
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8 employed there is in connection wi th foreclosures?
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9 A We don't work in foreclosures.
10 Q You don't work in foreclosures?
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11 A No.
12 You don't sign notices of defaul t starting
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Q
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13 foreclosures? I
14 A I sign notices of defaul t, yes.

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15 Q And what do you understand the effect of a

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16 notice of default is? I
17 A It starts the clock ticking on the formal

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18 foreclosure period.
19 Q But that is not working in foreclosures is your
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20 testimony under oath here today on this video?

21 A Correct.
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22 Q Does a notice of default put the property in

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23 foreclosure? I
24 A It starts the formal process of the foreclosure
25 time frames.
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1 Q When you say the formal process of the
2 foreclosure, you understand that by signing a notice of
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3 default you have commenced the formal ini tia tion of the
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4 foreclosure on a particular piece of property; correct?
5 A I'm not aware of that statement's meaning.
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6 Q Well, if there were no --
7 A What I'm saying is I don't start the process.
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8 Q Your signing the notice of default doesn't
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9 start the process?
10 A The recording of the notice of defaul t starts
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11 the process.
12 Do you record notices of defaul t?
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Q
13 A I send them to the recorder's office. They

14 record them, yes.
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15 Q Have you ever signed a legibili ty notice at the

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16 recorder's office?
17 A Yes.
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18 Q Do you record notices of defaul t?

19 A In answer my previous
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20 MR. WARREN: Obj ection, asked and answered.
21 BY MR. HAGER:
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22 Q Are you making a distinction between whether

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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?
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1 A Yes.
2 Q Oh, okay, then let's -- I want to be real clear
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3 on that.
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4 Do you go to the Washoe County Recorder's
5 Office, sir, for the purpose of having a notice of
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6 defaul t that you executed recorded?
7 A No.
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8 signed a legibili ty notice is
Q When you it at
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9 the Washoe County Recorder's Office?
10 A No. su
11 Q Where do you sign the legibili ty notice?
12 In our office.
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13 Q And do you sign the legibili ty notice before
14 the notice of default is presented to the Washoe County

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15 Recorder's Office?
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16 A It depends.
17 Q Do you sometimes sign the legibility notice

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18 before the notice of defaul t is even presented to the

19 Washoe County Recorder?
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20 A On occasion.
21 And when you do that is it because you know

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22 that that notice of default is not -- potentially not in

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23 a recordable form?
24 A In the recordable form, format, correct, yes.
25 Q Why don't you just instead ask that another

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1 notice of defaul t be prepared in a recordable form?
2 A Often the defects are minor, such as a
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3 signature or a text being outside the margins of the
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4 document.
5 Q But you understand when you sign the legibility
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6 notice you're doing it because there are defects in the
7 documents that may make it non-recordable; correct?
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8 MR. WARREN: I'm going to obj ection on the
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9 basis argumentative and I think you have asked the
10 question twice now and you haven't got the answer you
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11 wanted so it's been asked and answered.
12
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MR. HAGER: No, it hasn't been answered.
13 BY MR. HAGER:
14 Q You do understand when you sign the legibili ty

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15 notice that you're signing a legibili ty notice because

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16 the document that you understand is going to be

17 presented to the recorder's office may not be
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18 recordabl e; correct?
19 MR. WARREN: Obj ection, compound and lack of

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20 foundation. You may answer. You may answer if you

21 understand.
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22 THE WITNESS: Present the question again.

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23 BY MR. HAGER:
24 Q Yes, it's not a complicated area and I'm trying

25 to make it real simple.
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1 You have got a notice of defaul t?
2 A Yes.
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3 Q Are you with me so far?
A Yes.
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5 Q You execute that notice of default, you sign
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6 it; right?
7 A Well, my company signs, executes it. I'm the
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8 employee of the company designated to sign on behal f of
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9 the company.
10 Q Do you sign notices of default? su

11 A On behalf of the company.
12 Q So your signature appears there and you place
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13 your signature on the document?
14 A Yes.
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15 Q When you decide to place your signature on a

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16 document, if you understand that there is a potential

17 problem with the recordability of that document, why
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18 don't you ask whoever prepared that document to prepare

19 a document that you know can be recorded instead of
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20 sending it along with a legibility notice?
21 A The legibili ty notice is a tool to deal wi th

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22 minor typographical errors, such as text being outside

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23 of the parameters or a notary stamp being outside of the
24 parameters. It's not used to address fundamental issues

25 wi th the document. The term error in the document that
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1 you're using is pretty broad so that needs to be defined
2 down.
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3 Q Rather than define it down let me ask it this
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4 way, have you ever instead requested that a recordable
5 document be prepared rather than signing a legibility
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6 notice prior to the presentation of a notice of defaul t
7 that you executed?
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8 A Yes.
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9 Q Why?
10 A The error may be of a type that is not
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11 appropriate for this legibili ty notice.
12 Q Gi ve me examples of when you have requested
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13 that a document be prepared to correct an error, to use

14 your term?
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15 A Well, there is lots of them, misspellings of

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16 names, bad document numbers.
17 Q And when you make when you made requests

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18 that documents be prepared that are recordable rather

19 than executing a legibili ty notice and sending it to the
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20 recorder's office along wi th the notice of defaul t, is
21 there some kind of record that is made at Ticor Ti tle of

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22 the fact that you have requested a corrected document?

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23 A There would be an e-mail communication.

24 Q Who would you e-mail those communications to,
25 who did you?
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1 A I would e-mail back to the party that sent me
2 the document.
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3 Q So if I were to request from Ticor Ti tle copies
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4 of those e-mails, what e-mails would I ask for?
5 A I wouldn't know.
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6 Q Well, you sent them.
7 A They would be -- Well, you understand they
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8 would be hard to identify, wouldn't they, so --
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9 Q No, I don't understand.
10 A Well, they would be hard to identi fy.

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11 Q Then I would have to ask for all the e-mails

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12 between you and people in those particular companies, is

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13 that--
14 A If that is what you want.
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15 Q No, I'm asking you.

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

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18 would have sent those e-mails to?

19 A Any of the clients that I would be sending them
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20 back to.
21 Do you send them to all of them?
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22 A If something is an issue with one of their

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23 documents, sure.
24 Q And how did you determine that there was an
25 issue with a document that required a new document to be
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1 prepared?
2 MR. WARREN: Asked and answered.
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3 THE WITNESS: Just by general review of the
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4 document. They might be missing, you know, some
5 information that it needs, so --
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6 BY MR. HAGER:
7 Q And when you say that it needs, it needs for
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8 what reason?
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9 A Maybe again missing a name, misspelling of a
10 name, missing or miss -- typographical error with a
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11 document number, something along those lines.
12 Q And how would you determine whether the name
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13 was misspelled, the document was misidentified, those

14 kinds of issues you have just explained?
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15 A We would identify that during our ti tle search.

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16 Q Your online ti tle search of the recordings of

17 the Washoe County Recorder's Office?
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18 A Well, they are done inside our office. We have

19 databases in our office that we access.
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20 Q So you have described to me that prior to your

21 execution of at least some notices of defaults you would
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22 do a review of the database in the office relative to a

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23 particular property; is that right?

24 A In a general way, sure, yes.
25 Q As to every notice of defaul t would that be
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1 true?
2 A That is a broad question. I'm not sure exactly
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3 what information I should be presenting this in.
Q As to every notice of default that you
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4
5 executed, sir, did you conduct a prior review of the
au
6 database in Ticor Ti tle' s office?
7 A We would identify the property and then pull
Fr
8 documents related to that property as we see fi t.
re
9 Q And prior to your execution of a notice of
10 defaul t regarding a property, would you also ascertain
su
11 whether there had been a substitution of trustee that
12 made your signature on that notice of defaul t

clo
13 appropriate?
14 A We would pull the documents that are on record
re
15 and send them to our client.

Fo
16 Q In every instance when you executed a notice of

17 defaul t had there been an appropriately recorded
op
18 substi tution of trustee reflecting that the company on
19 whose behalf you were signing the notice of defaul thad

St
20 actually been appointed --
21 MR. WARREN: Objection, lack of foundation.

w.
22 BY MR. HAGER:
ww
23 Q -- substi tute trustee prior to your execution

24 of that document?
25 A I don't see how that's relevant.

Page 26
m
1 Q You have to answer to answer the question
2 whether you see it's relevant or not, do you understand
co
3 that?
d.
4 A I do, but I don't think you understand it.
5 The clients on these notice of defaul t, such as
au
6 this one in front of us, they are not signing as a
7 trustee. They don't need to be on record as a trustee,
Fr
8 because that is not how they are signing. So I'm not
re
9 sure what your question is. You're --
10 Q Well, my question was not are they signing as su
11 trustee or actually you signing as trustee.
I'm not signing as trustee.
clo
12 A
13 Q My question was whether you in connection with

14 this review that you have described internally of Ticor
re
15 Ti tle' s records look to see whether there had been a

Fo
16 substi tution of trustee prior to executing a notice of

17 default?
op
18 MR. WARREN: Same obj ection as before, lack of ,
19 foundation.
St
20 THE WITNESS: We're not required to look for
21 it. :
w.
22 BY MR. HAGER:
ww
23 Q So the way this deposi tion process works is you
24 may have answered a question right then which if the

:
25 question had been are you required to look for it your

.'. _ ..:'.,',',";,.;.;. .'.- ',',-,-,- -,..,...' --,-.,,' ",:'". :";,": , ... ':':,:,", '..',': .::--',._-
Page 27
m
1 answer would have been responsive to the question.
co
3 A I'm learning.
d.
4 ~ And if the question before had been in what
5 capaci ty is the party foreclosing, as trustee or
au
6 beneficiary, then your prior answer would have been
7 responsi ve to that question.
Fr
8 Do you understand?
re
9 A I'm learning.
10 Q But my question to you, sir, for the third time
su
11 here is in connection with your review internally of the
12
clo
records of Ticor Ti tle prior to your execution of a
13 notice of defaul t
14 A Right.
re
15 Q -- did you look to see whether a substi tution

Fo
16 of trustee had been signed or recorded?
17 A No.
op
18 Q When did you first start signing notices of

19 defaul t
St
20 A Well
21 Q -- in your career?
w.
22 A About the time the electronic recording method

ww
23 started becoming available.
24 Q You're talking about MERS?

25 A No, I'm talking about the submission software
Page 28
m
1 to record at the recorder's office, otherwise known as
2 E recording.
co
3 Q Was there some connection between the fact that
d.
4 the recorder's office went to E recording and the fact
5 that you started signing notices of default at
au
6 approximately that time?
7 A Oh, yeah, a hundred percent correlation.
Fr
8 Q And why was that?
re
9 A Because that is when they started sending them
10 to us to record or to execute and record. su
11 Q Approximately when was that?
A Probably started happening around '07-ish. I
clo
12
13 don't know the exact time frame.
14 Q And when you say they started sending them to

re
15 us, is there a list of companies that started sending

Fo
16 them to T icor Title for execution and recording, notices
17 of default?
op
18 A Well, that would just be our clients.

19 Q Is there a list of your clients here at Ticor
St
20 Ti tle of Nevada in Reno on whose behalf you started

21
w.
executing notices of default in approximately 2007?
22 A We could produce a list.

ww
23 Q Do you mail notices of default?

24 A No.
25 Q From your own personal knowledge are any of the
"., .,._.',';,-,. "':'," ';'.-',::.: / ',,' .," ,'.,., "'.C', _." ,',-. ...'
Page 29
m
1 notices of defaul t that you ever executed, were they
2 ever mailed?
co
3 A I'm not sure what that term mailed means in
d.
4 relation to mailed how, for what purpose?
5 Q To the homeowner?
au
6 A Meaning us mail to the homeowner?
7 Q Yes, you signed a notice of defaul t?
Fr
8 A Right. That is not in our realm of
re
9 functioning.
10 Q That is not in Ticor Ti tle' s realm of su
11 functioning?
12 A No, that is a foreclosure process.
clo
13 Q So do I understand you correctly nei ther you or :
14 anyone at Ticor Ti tle ever mailed any notices of defaul t

re
15 that you signed

Fo
16 A No.
17 Q -- and had recorded?
op
18 A None whatsoever.
19 Q So after you sign and cause to be recorded a
St
20 notice of default that you have signed, what do you do,
21 if anything, relative to that foreclosure process?

w.
22 A I'll need that a little more succinct. I don't

ww
23 understand.
24 Q You sign notices of defaul t; correct?
25 A On behal f of our company, sure.
'.: ',',' '" ":.' . " ' ',':' "~'. ' ".' ' ' '. .: .:' , _.'._ .... ,-.C- _.' ,d,
Page 30
m
1 Q Is it -- In your mind is there some kind of
2 distinction between the fact that you put your -- affix
co
3 your signature to a document and you keep saying on
d.
4 behalf of the company, on behalf of the company?
5 A Well, in all instances -- I'm not sure what
au
6 your interpretation of me signing documents is. I have
7 mine, and mine is I'm an employee of the company and in
Fr
8 all cases my signature on a document represents someone
re
9 authorized by the company to sign on their behalf. It
10 could be anybody in our company signing these documents.
su
11 It just happens to be me.
12
clo
Q It just happens to be you?
13 A Yeah.
14 Q Who takes the pen and puts your name on the
re
15 document?
Fo
16 A Yes.
17 Q So let's talk about those documents.
op
18 A Sure.
19 Q Okay.
St
20 You sign them, you cause them to be recorded?
21 A Yes.
w.
22 Q My earlier question to you is what involvement,

ww
23 if any, after that do you have relative to the
24 foreclosure on that property?
25 A Nothing.
, ,','" ',,",.." ,','..', ,,' .,' ,,",',' .,' '" ,.,', ",,', ',',',,',' '.,." ,".,',,"
Page 31
m
1 Q Is there a geographical area of properties that
2 you sign documents for?
co
3 A Our company services four, sometimes five
counties.
d.
4
5 Q Which five counties?
au
6 A Washoe, Lyon, Carson, Storey, and occasionally
7 Douglas.
Fr
8 Q And is there a Las Vegas branch of your
re
9 company?
10 A Yes. su
11 Q What documents do you review prior to signing a
12
clo
notice of default?
13 A We don't review any documents.

14 Q What documents are provided to you in
re
15 connection wi th a loan where a notice of defaul t is

Fo
16 presented to you for your signature?
17 A Nothing.
op
18 Q Who prepares the notices of defaul t that you

19 sign?
St
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
w.
22 channels that prepare them.

ww
23 Q Do they come from some other company to Ticor p
24 Ti tle for your signature or are they prepared at Ticor

25 Title?
,.,:..- .--'--.' -'.':'.'.':' , ,',...,,' ':.':..' - -, ',".:'",'
Page 32
m
1 A No, they are prepared off-si te by other
2 parties.
co
3 Q Have you ever signed any notices of defaul t on
d.
4 the weekend?
5 A No.
au
6 Q Approximately how many notices of defaul t have
7 you executed since you became employed by Ticor Ti tle?
Fr
8 A Well, over the time frame my best guess would
re
9 probably be in the one or 2000 range, and that is over
10 going on almost four years now. su
11 Q Do you read the notices of defaul t before you
12
clo
sign them?
13 A No.
14 Q Are you familiar with the Nevada non-judicial
re
15 foreclosure statute?
Fo
16 A Only operationally.
17 Q Is it your understanding that the Nevada
op
18 non-j udicial foreclosure statute requires that the

19 company on whose behal f you're signing a notice of
St
20 defaul t has the authori ty to foreclose?
21 A I'm not familiar with that language.

w.
22 Q Is it fair to say you have no understanding at

ww
23 the time you execute a notice of defaul t whether the
24 company on whose behalf you're actually signing that
25 document has any authority to foreclose on the property?

'",'.' ..' -'c:' .',.... ','.' '.:' ,.',...'..
Page 33
A I don't, no.
m
1
2 Q You don't know whether they have any authority
co
3 to foreclose?
d.
4 A Nothing direct. You know, I'm signing what
5 gets sent, so --
au
I:'
6 Q Has your signature ever been affixed

7 electronically to any documents at Ticor?
Fr
8 A No.
re
9 Q Are you a notary?
10 A Personally, yes. su
11 Q Have you ever notarized any other employee's
12
clo
signature on a notice of default at Ticor Title?
13 A No.
14 Q Do you sign notices of defaul t before a notary?
re
15 A Yes.
Fo
16 Q Do you sign the notary's book each time she

17 notarizes your signature?
op
18 A No.
19 Q Now you're a notary. Do you know whether or
St
20 not that satisfies the requirements of notaries in the
21 State of Nevada?
w.
22 A I would understand that it's not a strict

ww
23 compliance.
24 Q And what is the basis of that understanding?
25 A From my own experience in my notary application
',',',' ,', '"
Page 34
m
1 and training.
2 Describe the layout in the office where you
co
Q
3 execute these notices of default, are you alone in your
d.
4 office at a desk?
5 A Well, we're not we're in a cubicle
au
6 environment so we're all in the open, and I sign the
7 documents and then my notary is si tting next to me and
Fr
8 then the document will go over to her to stamp and
re
9 acknowledge.
10 Q So she is in a separate cubicle?
su
11 A Correct, yes. She is back and forth and she
12 sees me doing these tasks as well, so --

clo
13 Q But she is not actually physically present
14 observing you sign each one of these notices?

re
15 A No, she is not over my shoulder watching every

Fo
16 document I sign, no.

17 Q Do you sign notices of sale?
op
18 A No.
19 Q Are these notices of defaul t sent to you as I
St
I
20 attachments to e-mails?
21 Yes.
w.
22 Q And are there any other documents that are

ww
23 included along wi th those notices of defaul t when they

24 are e-mailed to you?
25 A No.
, " '.,', - ,'.,',., ',',' ,',' ',',.. ,
Page 35
m
1 Q Let's take a look at these exhibits. If we
2 could have Exhibi t 1, I will hand it to you here.
co
3 This time, unlike when you signed it, I'm going
d.
4 to actually ask you to read it.
A
au
6 Q Well, I guess you read it the other day when
you met
Fr
A
re
Q
10 Do I A su
Q
clo
12 be the first time that you have read this notice of
13 default?
14 A In verbatim?
re
15 Q Well, yeah.
Fo
16 A From beginning to end?
17 Q The entire two page document, would this be the

op
18 first time that you ever actually read this entire two :
19 page document that you signed that put the Jones' house
St
20 in foreclosure? i
21 This document, yes. I

w.
A i
22 Q Look at the document, please, not at me, sir,

I
ww
23 because actually I do want to ask you some questions I
24 about the document.

25 A Okay. 1
,'.'.,"", "
Page 36
m
1 Q It's an important document. This is the
2 document that started the process whereby my clients
co
3 lost their house to foreclosure.
A Okay.
d.
4
5 Q When you signed this document were you
au
6 confirming that everything in this document is true and
7 correct?
Fr
8 A No, I don't believe there is any such
re
9 affirmation.
10 Q Well, did you understand when you put your
su
11 signature on this document, sir, that you were saying
12
clo
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 --
re
15 MR. WARREN: Obj ection, compound.

Fo
16 MR. HAGER: Let me finish my question and then

17 you can make your obj ection and we will have a clean
op
18 transcript and a clean video.
19 MR. WARREN: All right.

St
20 BY MR. HAGER:
21 Q When you signed this document did you

w.
22 understand that by placing your signature on this

ww
23 document you were representing that everything in this
24 document that was going to be recorded in the official
25 records of the Washoe County Recorder's Office forever

Page 37
m
1 was true?
2 MR. WARREN: Obj ection, compound, lack of
co
3 foundation.
d.
4 THE WITNESS: Ask it again.
5 BY MR. HAGER:
au
6 Q Do you see your signature on page 2?
7 A Yes.
Fr
8 Q When you signed this document did you
re
9 understand that you were saying everything in this
10 document which you understood was going to be recorded

su
11 in the Washoe County Recorder's Office and be the public
clo
12 record forever was true?
13 A I don't believe that is a true statement.

14 Q What do you -- First of all, it wasn't a
re
15 statement, it was a question, but what do you believe is

Fo
16 not true about my question?
17 A The affirmation that you're trying to imply.

op
18 Q Why am I trying to imply something by asking

19 you a question of whether -- Again we can spend a lot of
St
20 time, days in this deposi tion, if that is how you want
21
w.
to do this and we will have a record of your answers and
22 the jury can see this in terms of how you're answering

ww
23 this. It's a simple question, sir.
24 When you signed this document
25 A Yes.
Page 38
m
1 Q -- did you understand that you were saying
2 everything contained in this notice of defaul t on the
co
3 Jones home, all the statements therein were true?
A I was not under that impression.
d.
4
5 Q You weren't concerned about whether there were
au
6 false statements in the document?
7 MR. WARREN: Obj ection, argumentative.
Fr
8 BY MR. HAGER:
re
9 Q Were you concerned whether there were false
10 statements in the document? su
11 A No.
Q Did you care whether they were true or false?
clo
12
13 MR. WARREN: Obj ection, argumentative.
14 THE WITNESS: I wasn't aware that such a burden

re
15 was being placed on me.

Fo
16 BY MR. HAGER:
17 Q Wha t burden?
op
18 A To determine the val idi ty of these items you're

19 mentioning.
St
20 Q To determine whether what is contained in the

21
w.
document you signed was true, you weren't aware that
22 that was
ww
23 A I was only signing on behal f of our company.

24 I'm not personally taking liability for a document that
25 is created by someone outside our purview and that I'm

'..'.:..-, .':'-'- -: '.', ',,' ";:,:.,,,:' ''',','''.'", :;-, :.,,:::': .::.' """ ,,.
Page 39
m
1 not in the loop on. I'm simply signing a document that
2 was presented to me on behalf of our clients.
co
3 Q Did anyone at your company tell you to go ahead
d.
4 and sign documents and not pay any attention or inquire
5 as to whether the documents were true or false?
au
6 A Not specifically.
7 Q Did anyone at your company tell you that you
Fr
8 were obligated to determine whether statements contained
re
9 in documents that you signed to be recorded were true?
10 A No. su "
11 Q Let's look at the second sentence there. It

clo
12 says the amount is $9,751.03 as of 10/17/2007 and will
13 increase until your account becomes current.
14 At the time you signed this document you had

re
15 absolutely no knowledge whether that was true; correct?

Fo
16 A Correct.
17 Q On the second page, the last full paragraph
op
18 above your signature line, do you see that, that by

19 reason thereof, the present beneficiary under such deed
St
20 of trust has executed and delivered to the duly

21 appointed trustee a wri t ten declaration of defaul t and
w.
22 demand for sale.

ww
23 You don't know whether that was ever true, do
24 you?
25 A No.
Page 40
m
1 Q It goes on to say, and has deposited wi th said
2 duly appointed trustee such deed of trust and all
co
3 documents evidencing obligations secured thereby.
d.
4 You don't know if that is true either, do you?
5 A No, I'm not in the loop.
au
6 Q In fact, you don't know if anything in this
7 notice of defaul t that you executed is true, do you?
Fr
8 A Correct.
re
9 Q On the first page above the solid line there
10 are some numbers. Did you write those numbers?

su
11 A The handwritten number 077, yes, that is my
12 wri ting.
clo
13 Q Why did you wri te that number there?
14 A That is our Ticor Ti tle internal order number.

re
15 Q What documents are maintained by Ticor Ti tle

Fo
16 under that internal order number? I,
17 A Our TSG file, which contains our communication I

op
i
18 wi th the client plus the documents of record that we i
i
19 have pulled. I
St
20 Q And what documents of record are pulled by

w.
21 Ticor Title in connection with what you have called the

22 TSG order?
ww
23 A It would be the current vesting deed, deeds of

24 trust, assignments, other documents related to the deed
25 of trust, junior deeds of trust, other junior matters,
,',. ,'.',...' , " - - - - -' - - : - - :, .,-.,'~r;",. ". .'. ,,'
Page 41
m
1 liens, judgments, things of that sort.
2 Q So then it's fair to say, sir, that you could
co
3 have at the time you executed this notice of default
d.
4 looked at the original deed of trust; true?
5 A Correct.
au
6 Q And determined whether any party named on this
7 notice of defaul t was named on the deed of trust;
Fr
8 correct?
re
9 A You mean on the signature line on the notice of
10 defaul t, is that what you're talking about? su
11 Q Anywhere on this document?
A Anywhere, yes.
clo
12
13 Q Did you do that?

14 A We weren't required to. I,
re
15 Q I didn't ask again

Fo
16 A Did I do that?
17 Q I ask you a question
op
18 A No.
19 Q And you didn't because it was not the policy of
St
20 Ticor Ti tle to require you to do so; true?
21 A In a round about way.

w.
22 Q What do you mean by round about way?

ww
23 A Well, we have certain liabilities that we

24 assume and don't assume during the issuing of our TSG
25 product and that TSG product is liabili ties that we

¡;,
- .c. _"0 - : _ _ __ - - _ _ '._ .:' _.:_ : .' _ . _ , ' ,~ /: _ _ _"

Page 42
m
1 assume do not assume these types of issues that you're
2 referring to.
co
3 Q So is there an indemnification agreement
d.
4 whereby if you execute a notice of defaul t on behalf of
5 a party that is not authorized to foreclose then they
au
6 will indemni fy you for having executed that document?
7 A I don't know about that type of issue. That
Fr
8 wasn't what I was referring to.
re
9 Q What were you referring to?
10 A To our liabilities under our TSG as to what
su
11 liabilities we assume that are matters that are being
clo
12 covered by that TSG product.
13 Q What are the liabili ties covered by that TSG
14 product?
re
15 A That TSG product provides the foreclosing

Fo
16 parties with essentially a list of names and addresses

17 for them to use during the foreclosure process for
op
18 notification purposes.
19 Q What do you mean for notification purposes?
St
20 A The trustees doing the foreclosure are required

w.
21 by statute to notice certain parties and the TSG is

22 generated for the sole purpose essentially of providing
ww
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
..,," ," ,'... ",'
Page 43
m
1 we assume the costs of them being incorrect or being
2 absent.
co
3 Q So what you have generally described to me is
d.
4 that in order to finalize and complete a foreclosure
5 wi thout having some party not receiving notice that is
au
6 entitled to notice, the liability of Ticor Title is to
7 make sure that everybody is notified regarding -- that
Fr
8 has a right to notice of that foreclosure; correct?
re
9 A Well, what I will say is we provide a list of
10 names and addresses for the trustee to use during their
su
11 notification requirements that we derive from the public
clo
12 records and we show them on our TSG, and if they use
13 those and they end up being in error in some way that
14 has caused them losses, we will -- that then our

re
15 guarantee will then cover their damages.

Fo
16 Q Does Ticor Title, did it at any time while you

17 have worked there have a policy that required you to
op
18 look at the deed of trust or any other document to
19 determine whether the party on whose behal f you're

St
20 executing a notice of defaul t had any authority to

foreclose?
w.
21
22 A No.
ww
23 Q Going back to that final paragraph above your

24 signature line there, the final full paragraph, and I
25 apologize for burdening you wi th having to ask you

Page 44
m
1 questions about documents you have never read, but
2 that's what I have to do.
co
3 It goes on to say, and has declared, and it's
d.
4 referring to the present beneficiary, and has declared
5 and does hereby declare all sums secured thereby
au
6 immediately due and payable.
7 You don't know if that is true, do you?
Fr
8 A I do not know whether that's true.
re
9 Q And it goes on to say, and has elected and does
10 hereby elect to cause the trust property to be sold to
su
11 satisfy the obligations secured thereby.
clo
12 You don't know if that is true either, do you?
13 A This is the statement of the beneficiary, no, I

14 don't have any independent knowledge.
re
15 Q When you say it's the statement of the

Fo
16 beneficiary, did you see a statement from the
17 beneficiary?
op
18 A This paragraph I'm referring to, I'm saying

19 it's a statement of the beneficiary.
St
20 Q No, it's actually a provision in a document

21
w.
that you executed; correct?
22 A I executed it on behalf of the chain of

ww
23 signatures that culminates in that's the beneficiary
24 talking right there.
25 Q Who was the beneficiary of this loan at the

" , ,,'.' ,.
Page 45
m
1 time you executed this notice of default, Mr. Silva?
2 A This line says Wells Fargo Bank is.
co
3 Q Where does it say that?
d.
4 A It says it on the signature line heading.
5 Q Could you point that out to me?
au
6 A It says Wells Fargo Bank.
7 Q Does it say it's beneficiary?
Fr
8 A Probably actually it does up on the beginning,
re
9 I believe, or somewhere buried in the document.
10 Q Go ahead and take a look at it. I know you

su
11 have never read it, but go ahead and take a look at it
clo
12 and see if you can find it now.
13 A And I don't appreciate those type of

14 statements.
re
15 Q Well, it's true, isn't it?

Fo
16 A No, it's not true.

17 Q You have read it, the entire document?
op
18 A Well, I'm aware of this document's format. You
19 asked earlier have I read this document. That ffay or

St
20 may not be the case, but I have read this general
21 document's format, you know, through the years.

w.
22 Q Okay.
ww
23 A But I'm not versed in it. I haven't memorized
24 it or it seems to be similar to all the other ones.
25 Q Okay. I'
Page 46
m
1 Since you have read this document's format and
2 you're versed in it, show me in here where it says who
co
3 the beneficiary is?
d.
4 A Let's see, I'm trying to think how National
5 Default sets up their documents, or at least that is how
au
6 they exist now from the last I looked at one. They may
7 ha ve changed them.
Fr
8 Okay, so it says right here, this paragraph
re
9 which is the third one from the bottom.
10 Q Yes. su
11 A Notice is hereby given that National Default
clo
12 Corporation is ei ther the original trustee, the duly
t
13 appointed substi tute trustee or acting as agent for the

14 trustee or beneficiary.
re
15 So they are essentially by using that language

Fo
i
i,
16 going down to their signature line that says National
17 Default as agent for Wells Fargo Home Mortgage, although

op
18 you're probably correct that they are not saying comma

19 as beneficiary. So that was a possible assumption on my
St
20 part knowing who the beneficiary might be, but adding

w.
21 these two lines together they make a statement of some

22 sort.
ww
23 I'm not defending this wri ting, because I am

24 not aware of, you know, who put it together and who
25 wrote it, so --
Page 47 Ii
m
~
1 Q Who was the beneficiary on this deed of trust
2 at the time you executed this notice of defaul t?
co
3 A Directly speaking, I don't know.
d.
4 Q So if you don't know who the beneficiary was,
5 then you wouldn't know whether any of the contents of
au
6 that last paragraph above your signature line is true;
7 correct?
Fr
8 A Correct.
re
9 Q Because it Right?
10 A Correct, yes. su
11 Q And so let's go back to the paragraph that you
clo
12 just read. It says National Defaul t Servicing
13 Corporation is either the original trustee, the duly

14 appointed substi tute trustee or acting as agent for the
re
15 trustee or beneficiary. Which is it?

Fo
16 A Well, farther down that paragraph it states
17 that in this particular deed of trust it's saying Wells I

op
18 Fargo is the beneficiary.

19 Q Where does it say that they are the beneficiary
St
20 again?
21 I f we continue down that same paragraph where
w.
22 they then ci te the deed of trust recording information.

ww
23 Q In the original deed of trust?
24 A Yes.
25 MR. WARREN: Could you read that for the
,.. , ,',',,' ',,' '...'
Page 48
m
1 record?
2 THE WITNESS: Continuing that statement it
co
3 says, National Default acting as agent da da da for the
d.
4 beneficiary under a deed of trust dated July 14, 2006
5 executed by Joseph R. Jones and Meisa Jones as trustors
au
6 to secure an obligation in the favor of Wells Fargo
7 Bank, N A as beneficiary recorded July 26th, 2006 da da
Fr
8 da, and then down on the signature line it has the name
re
9 of Wells Fargo Bank.
10 BY MR. HAGER: su
11 Q Now, you wrote in Chicago Default Servicing as
clo
12 agent for who?
13 A For National Defaul t Servicing.

14 Q What is the basis of you saying on October
re
15 18th, 2007 that Chicago Defaul t Servicing was agent for

Fo
16 anyone?
17 A That was our client, Chicago Default Servicing.
op
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
St
20 policy was?
21 A No, we had an agency agreement with Chicago

w.
22 Defaul t Servicing.
ww
23 Q Ticor Title did?

24 A Ticor Title did.
25 Q Okay.
" - _. ':..', _ ;r_~ _. _ . ;~'-_', .- ,__'-":'_ ".." ,
Page 49
m
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
co
3 agent for our client, in this case being Chicago
d.
4 Defaul t, who is agent for National Defaul t who is agent
5 for the lender.
au
6 Q And how do you know that Chicago Default
7 Servicing was agent for National Defaul t?
Fr
8 A Well, after our -- Ticor Ti tle' s agency
re
9 agreement wi th our client, the other agency agreements
10 we're not able to verify. su

11 Q So you didn't know whether that is correct at
all?
clo
12
13 A It was presented to us that this is -- this is,

14 you know, true and correct so -- but as far as my own
re
15 knowledge whether those agency agreements exist or not,

Fo
16 I don't know.
17 Q And you have never known wi th regard to any of

op
18 these documents you have executed; correct?
19 A Not any farther than just the original Ticor

St
20 Ti tle relationship, because this is just a stacking of
agency agreements.
w.
21
22 Q Wel l, you don't know that, though, do you?
ww
23 A Whether they exist or not?

24 Q Right.
25 A No, I don't.
...," '...' ",'.:' ;, ..-.' '..",-,;'''.: ,.,"--' .. '..
Page 50
m
1 Q And you never have known that?
2 A It's been represented that this is so, but I
co
3 have not known it factually myself. We're not in that
d.
4 loop.
~
5 Q Who represented to you that it was so?
au
6 A Probably our direct client. I don't have exact
7 knowledge because I wasn't involved in these agency
Fr
8 agreements themselves.
re
9 Q When you say it was represented that it was so,
10 are you saying that you assume that it was represented
su
11 it was so because the client said execute the document
clo
12 in the form presented?
13 A Tha t could be.

14 Q Because you have never actually seen any
re
15 documents; correct?
Fo
16 A No.
17 Q And nobody has ever wri tten you anything or
op
18 shown you anything in wri ting that says that these
-
19 agency relationship documents exist; correct?
St
20 A I have never seen them. I
Q So let's take a look at Exhibit 2.

w.
21
22 Do you have any understanding of how Nichole
ww
23 Nuss became aware that she could sign a notice of
24 trustee's sale on the Jones property?
25 A No.
Page 51 '
m
1 Q When you signed these notices of defaul t during
2 your entire period of employment at Ticor Ti tle, did you
co
3 understand that the next step in the foreclosure process
d.
4 would be, if it continued would be a notice of trustee
5 sale?
au
6 A Right.
7 Q And so you understood you would not be signing
Fr
8 that notice of trustee sale; correct?
re
9 A Correct.
10 Q Did you have any understanding of who it would
su
11 be that would be signing that notice of trustee sale?
A No.
clo
12
13 Q Did you have any understanding of the company

14 on whose behalf that notice of trustee sale would be
re
15 signed?
Fo
16 A No.
17 Q All right, Exhibit 3.
op
18 Is that your signature that appears on page 2?
19 A Yes;'
St
20 Q Now, on this one you signed Stanley S. Silva

21
w.
and then explain to me, if you could, what that means
22 below that signature line where it says LSI Title

ww
23 Company Nevada as agent Stanley S. Silva, agent?

24 A Well, the document was already prepared and my
25 interpretation is that LSI Title of Nevada is signing as
,,'.....,',',.'..
Page 52
m
1 agent for National Defaul t Servicing Corporation.
2 As agent for Wells Fargo?
co
Q
3 A Correct.
d.
4 Q So we have got three agency relationships and
5 you're signing on behalf of companies, none of whom you
au
6 work for is that basically correct; is that correct?
7 A Well, the intention all along was to obviously
Fr
8 have my employer line on here as well. So that is
re
9 missing.
10 Q I understand, and if you want to later or
su
11 somebody wants to ask a question about your intention,
clo
12 that's fine, but what I want to ask is the question I
13 asked.
14 A Okay.
re
15 Q What we have here is three different agency

Fo
16 relationships and you signing on behalf of companies,

;
"
17 none of whom you work for; true?
op
18 A I'm not signing on behalf of any of these
19 companies. I'm not signing on behalf of LSI Title or

St
20 National Defaul t or Wells Fargo. I'm signing on behalf

w.
21 of Ticor Title of Nevada.

22 Q Does it say that anywhere here on this
ww
23 document?
24 A No, it doesn't.
25 Q How long have you been in the ti tle business

',',',',',',', " '.- .,:,',',.. "'..; -;-;-- "d,', ".. ',',
Page 53
m
1 al together?
2 A A number of years. I f we want to add them up I
co
3 would probably say 20 years.
d.
4 Q During that 20 years of your employment in the
5 ti tle business would you agree that when you execute a
au
6 document on behalf of the company that one would expect
7 that company's name to appear somewhere on the document?
Fr
8 A Yes.
re
9 Q And when you execute a document on behalf of
10 potentially three different companies as agent for those
su
11 companies that, in fact, you would have some employment
clo
12 connection or agency relationship with those companies?
13 A Yes.
14 Q You don't have any employment relationship wi th
re
15 any of those companies; correct?

Fo
16 A No.
17 Q Not LSI Title; true?
op
18 A No.
19 Q Not National Default Servicing Corporation?
St
20 A Correct.
Q Not Wells Fargo Bank; correct?
w.
21
22 A Correct.
ww
23 Q Have you seen any documentation that says that

24 you, Stanley Silva, are an agent for any of those
25 companies?
, ,'."'"..,'
Page 54
m
1 A No.
2 Q Now, let's go up into the paragraph that says
co
3 notice is hereby given that National Default Servicing
4 Corporation is ei ther the original trustee, the duly
d.
5 appointed substitute trustee or acting as agent for the
au
6 trustee or beneficiary under a deed of trust, talks
7 about the Graves, in favor of MERS.
Fr
8 A Right.
re
9 Q Do you see that?
10 A Correct. su
11 Q So this is a MERS deed of trust?
12 That is what it says.

clo
A
13 Q Do you have some understanding of what a MERS
14 deed of trust is?

re
15 A Yes.
Fo
16 Q So in this instance, following up on our
17 questions before, is it MERS as beneficiary that has

op
18 declared the defaul t and demanded a sale as stated in

19 the paragraph above your signature line?
St
20 A MERS is not shown in that signature line, no.
21 So then what is the difference between this

w.
22 document and the earlier document in terms of your

ww
23 understanding at the time you executed these documents

24 as far as who was the beneficiary?
,
25 A One may have had an assignment in the ti tle
.,'.. ','. ",' ,:.', ,,';'.,,- ..-- -':'.', ,',",': '.:'.' , ,',,". ,
Page 55
m
1 chain and one may not have.
2 Q You don't know?
co
3 A Not at this time, no.
Q And you didn't know when you signed this?
d.
4
5 A No.
au
6 Q And Soma Financial is not MERS; correct?
7 A Correct.
Fr
8 Q And Soma Financial is not any of these
re
9 companies on whose behalf you signed?
10 A It doesn't appear so, no. su

11 Q So again same question with regard to this
12
clo
document that you executed, this notice of default, you
13 don't know if there was ever any declaration of defaul t
14 or demand for sale by the beneficiary; --
re
15 A No.
Fo
16 Q -- true?
17 And do you know whether National Defaul t
op
18 Servicing Corporation was the original or substi tute

19 trustee?
St
20 A In what time frame?

21 Q At any time.
w.
22 A No.
ww
23 Q And you never knew that; correct?

24 A No.
25 Q Do you know whether National Default Servicing
','. '.'..'.:.' ....'. :.,::',.' ,.'.' ":,,':':::;",.:,.' ,'. , '.',
Page 56
m
1 Corporation was the duly appointed agent for the trustee
2 or beneficiary under this deed of trust at any time?
co
3 A No.
Q So again wi th regard to this document, you
d.
4
5 don't know whether any of these statements in this
au
6 document are true at the time you signed them?
7 A Correct.
Fr
8 Q Correct? i.
A Yes.
re
9
10 Q And it was not the policy of Ticor Ti tle wi th

su
11 regard to this document in Exhibi t 3 to require you to
clo
12 undertake any effort whatsoever to determine whether the
13 contents of those documents -- this document were true?
14 A Correct.
re
15 Q Exhibi t 4.
Fo
16 This is a Lyon County document, do you see

17 that?
op
18 A Correct.
19 Q Is that your signature that appears on page 2?
St
20 A Correct.
21 Q Do you see in the paragraph on page 2 that
w.
22 starts with all caps notice is hereby given that

ww
23 National Defaul t Servicing Corporation is ei ther the
24 original trustee, the duly appointed trustee and so
25 forth, that this is also a MERS deed of trust?

',,', ',. .'C',',"_ '._ .C,' " .." d "
Page 57
m
1 A Correct.
2 And Pinnacle Financial Corporation and MERS are
co
Q
3 purported to be the parties in whose favor the deed of
d.
4 trust was executed?
5 A Correct.
au
6 Q Yet none of them are involved in this notice of
7 defaul t; correct?
Fr
8 A If by that you mean on the signature line?
re
9 Q This notice of defaul t was not issued on behalf
10 of any of those companies; correct, MERS, Pinnacle? su

11 A If you mean by -- Your statement is vague to my
12 ears.
clo
13 If you're meaning the signature line does not

14 show Pinnacle or MERS, that's a true statement.
re
15 Q So looking at that or anywhere in this

Fo
16 document, tell me who was the beneficiary of this loan

17 at the time you signed this notice of defaul t?
op
18 A It's not shown on the notice of defaul t.

19 Q You didn't know; correct?
St
20 A I wasn't aware at the time, no.

21 Are you aware now?
w.
22 A On this particular notice of defaul t?

ww
23 Q Yes.
24 A No.
25 Q Now, you could have determined that, is that
'" "N ',' ' ",'. ,,", ,',.',
Page 58
m
1 correct, at the time you executed this notice of
2 defaul t?
co
3 A If something was recorded and if it was
d.
4 something that we were required to do.
5 Q Who owned this loan at the time you executed
au
6 this notice of defaul t on December 9th, 2009?
7 A I'm not in the loop on that.
Fr
8 Q Who the trustee?
was
re
9 A I'm not in the loop on that.
10 Q Was it the trustee that was commencing the
su
11 foreclosure by your signature on this property that is
clo
12 Exhibi t 4, this notice of defaul t recorded in Lyon
13 County on December 9th, 2009?

14 A I couldn't tell you who the trustee was at this
re
15 time.
Fo
i
16 Q I didn't ask you that.
i
17 My question now was, was the trustee the enti ty
op
18 on whose behalf you started this foreclosure by

19 executing this notice of default?
St
20 A No.
21 What enti ty were you acting on behalf of to
w.
22 commence
ww
23 A Our client was LSI Title Company.
24 Q So was it your understanding that you were
25 starting this foreclosure on behalf of LSI Title

".',,' .'.C' ",'..,";;, .' '. .' -:,.::,. .:: -.. -_.' ..... .'.-
Page 59
m
1 Company?
2 A In the manner that LSI's client was the
co
3 trustee, yes. I don't want to interpret that LSI was
d.
4 doing the foreclosure. They were -- National Default
5 Services was LSI's client who then LSI then sent the
au
6 documents to us to record.
7 Q And so you would have been able to look at the
Fr
8 deed of trust to see whether National Defaul t Servicing
re
9 Corporation was the named trustee on that deed of trust
10 prior to your execution of this notice of defaul t on

su
11 December 9th, 2009?
12 A It would have been possible, yeah.

clo
13 Q But you didn't do that?

14 A We weren't required to, no.
re
15 Q Get ting back to your answer, though, I do want

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

op
18 saying that neither your client or Ticor Ti tle required
19 you to determine whether National Defaul t Servicing

St
20 Company or any other enti ty on whose behalf you were
21 executing this document had any authori ty whatsoever to

w.
22 foreclose on this property?
A Correct.
ww
23
24 MS. HARGIS: I'm sorry, can we take a short
25 break?
, ~ ~ ~',':;":;"--" "":.
Page 60
m
1 MR. HAGER: Sure.
2 THE VIDEOGRAPHER: We're off the air at 2:21.
co
3 (A recess was taken.)
d.
4 THE VIDEOGRAPHER: This is disk number two in
5 the deposition of Stanley Silva on January 4th, 2011.
au
6 The case is Joseph Jones, et al, versus Wells Fargo
7 Bank, et al, case number CV10-01660.
Fr
8 We're back on the record now at 2: 37. Please
re
9 go ahead.
10 MR. WARREN: Before we get started, Ronald

su
11 Warren, Fideli ty National Law Group on behalf of our
12 client Stan Silva and United Title of Nevada.

clo
13 Just to reserve for the record all obj ection to
14 the use and/or application of the video deposition that

re
15 is being taken here today, and also to ask if there are

Fo
16 any persons present who are not counselor counsel

17 for the parties for or the parties?
op
18 MR. HAGER: I will state for the record that

19 Mr. Mausert came in, I don't know, probably about 20, 25
St
20 minutes before we took our break and that he is
21 consul ting counsel wi th our firm on behal f of the

w.
22 Joneses in this case. He is a lawyer here licensed in

ww
23 the State of Nevada.
24 MR. WARREN: And full name, please?
25 MR. MAUSERT: My name is Mark Mausert,
,',. ., .',,' ',,', " ,..,', .'.:-:":""';-0'..' -,-,c":':';'.'-"- ,,' '" "..,','..
Page 61
m
1 M-a-u-s-e-r-t.
2 MR. WARREN: Thank you.
co
3 BY MR. HAGER:
d.
4 Q Sir, getting back to the document in front of
5 you that is contained wi thin Exhibi t 4, the notice of
au
6 default you signed.
7 MR. WARREN: Would you identify the document by
Fr
8 document number, please?
re
9 MR. HAGER: It's Exhibit 4 in this exhibit. Do
10 you see it there, counsel, in your packet? It's the one

su
11 you have in your hand.
12 MR. WARREN: There are more than one document.

clo
13 BY MR. HAGER:
14 Q Well, I'm talking about the first one and we

re
15 will go through these in order, but the first one that

Fo
16 we have been talking about, Mr. Silva, the one that you
17 have in front of you. Do you see that?

op
18 A Yes.
19 Q Do you see where it says recording requested by
St
20 LPS Title Company Nevada?
21 A In what area on the document?

w.
22 Q Right at the very top, the very first words in

ww
23 the left-hand column under
24 A You're talking a couple of documents back?

25 My very first Exhibi t 4 document does not say
Page 62
1 that.
m
2 Is it the Lyon County document?
co
Q
3 A It's the Lyon County document number 452081.
d.
4 Q Who does it say the recording is requested by?
5 A Ticor Title.
au
I
6 Q Can I see that?
7 Can you point out to me where it says recording
Fr
8 requested by Ticor Title?
re
9 A On the recording stamp area in the upper
10 right-hand corner. su
11 Q Oh, I was referring to the -- not the portion
12 that the recorder's

clo
13 A I see. On the left side?

14 Q Yes.
re
15 The portion on the right was not on this

Fo
16 document when you signed it; correct?

17 A Correct, yes.
op
18 Q So the portion of this document that was
19 that appeared when you put your signature on the

St
20 document, it says recording requested by LPS Title

21 Company Nevada?
w.
22 A Correct, yes.
ww
23 Q Are they named anywhere else in the document? I
24 A LPS? I'm not aware of it. They could be.

25 Q Well, you signed as Stanley S . Silva agent for I
I
,..'.'.,'. , .,.,"_' '0:.."., -..,"
Page 63
m
1 LSI Ti tle Company Nevada, agent for National Default
2 Servicing Corporation as agent for Wells Fargo Bank;
co
3 correct?
d.
4 A That is what the signature line says, yes.
5 Q So there is no LPS Title Company of Nevada
au
6 anywhere in connection wi th the company's on whose
7 behalf you executed this document; true?
Fr
8 A They are not on that signature line, no.
re
9 Q So what is LPS Ti tle Company Nevada's
10 connection to this notice of default? su

11 A My understanding is that they are one of the
12 parties involved in the processing side of the document.
clo
13 Q What do you mean by that?

14 A I mean they're somebody probably in the
re
15 background who services certain niches for some of these

Fo
16 parties. My understanding is that LPS is related with

17 LSI Title Company.
op
18 Q And your understanding is based on what in that

19 regard, sir?
St
20 A Just nothing formal, other than just seeing

21 their names on documents or communications together
w.
I:
i
22 so
ww
23 Q What company was Ticor Ti tle' s client in
24 connection with your execution of this document, LSI

25 Title Company of Nevada or LPS Title Company of Nevada?
" ,,' .' ".'., , ,'..' " "
Page 64
m
1 A LPS -- My understanding is LPS. So I'm not
2 sure our agency agreement may name them both, so
co
3 Q But you didn't sign on behalf of LPS, you
d.
4 signed on behalf of LSI and National Default Servicing
5 Corporation and Wells Fargo; right?
au
6 A Well, technically I signed on behalf of my
7 employer who then signed on behalf of LSI who my
Fr
8 understanding is an LPS company.
re
9 Q It is an agent for National Defaul t Servicing
10 Corporation? su
11 A That is my understanding. That is what it is
12 stating here.
clo
13 Q So what do we have, four agency relationships
14 here, as you have characterized it, stacked agency

re
15 relationships that you have affixed your signature to

Fo
16 this document on behalf of? I

i'
17 A Yes.
op
18 Q Now, you have described to me, as I understand
19 it, that Ticor's responsibility vis-a-vis its clients is

St
20 to determine who is entitled to notice so that the

21 foreclosure that is commenced by the notice of default
w.
22 at the end of the day somebody can't pop up and say they
ww
23 didn't get the required notice?

24 A Correct.
25 Q And that is what you have describe as TSG?
',,'
-::-: ,:.,,' :\:';,:,'.' ,".' '" ",d ",', ,',
Page 65
A Correct, that is our product that we issue.
m
1
2 Q So let me ask you this, why doesn't Ticor just
co
3 send that information to one of these entities and let
d.
4 them start the foreclosure if they are the ones that
5 know whether or not they have authori ty to foreclose
au
6 instead of Ticor Ti tle signing -- having you sign
7 documents that you have no idea whether the contents of
Fr
8 the documents are true?
re
9 MR. WARREN: Obj ection, argumentative and
10 compound. Answer if you can. su
11 THE WITNESS: Well, in the older days that is
12 how it was and it's only the advent of the new
clo
13 electronic recording that has caused this signature

14 stacking to become commonplace.
re
15 BY MR. HAGER:
Fo
16 Q Wel l, when you say commonplace, are there any

17 other companies other than Ticor Ti tle that have this
op
18 signature stacking that you're aware of --
19 A Well, it's --
St
20 Q in Nevada?
21 A My understanding that it is used, you know, in

w.
22 the industry fairly commonly.

ww
23 Q Does Recon Trust use it?

24 A I'm not directly familiar whether they do or
25 not.
Page 66
1 Q Executi ve Trustee Services, do they use it?
m
2 A What I would say is I wouldn't be surprised if
co
3 they do. I don't have direct knowledge whether they do
4 or not.
d.
5 Q As you sit here today under oath under penalty
au
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
Fr
8 banks do this stacking like you do?
9 A I can't answer that directly.
re
10 Q Because you don't have any information that
su
11 they do; correct?
12 A Not direct enough to meet this burden that you
clo
I
13 just mentioned.
14 Q Well, it's just -- You're testifying under

re
15 oath. t
t;
Fo
16 A Well, I'm just using general knowledge language
17 here, so
op
18 Q Does Recon Trust out of state based on its

19 personal knowledge of whether or not what is in a notice
St
20 of defaul t is true or not true execute notices of

21 defaul t and have them recorded in Nevada?
w.
22 A I'm not in that loop. They are not one of our

ww
23 clients.
24 Q Are you familiar wi th what any of the other
25 companies do?
..-_..._. Page 67
m
1 A Only in an indirect way of occasionally seeing
2 what might get recorded at the recorder's office.
co
3 Q So in that indirect way and based upon your
d.
4 total experience in the industry and your involvement in
5 this signing of stacking of agency relationships, tell
au
6 me one other company that does what you do in terms as
7 agent for as agent for as agent for?
Fr
8 A I know I have seen them, but I can't give their
re
9 names because I wasn't paying attention at the time. I
10 wasn't interested. su
11 Q So as you si t here today you don't know of one?
12 Not off the top of my head, but I have seen

clo
A
13 them.
14 Q Who is your supervisor?
re
15 A Steve Schiller.
Fo
16 Q Where does he work?
17 A In our office, Ticor Title.

op
18 Q Who is Steve Schiller's supervisor?
19 A I'm not sure of the chain of command above him.

St
20 They are out of the office.

21 What office supervises your office?
w.
22 A I am not directly familiar wi th that. I

ww
23 believe our regional office possibly.

24 Q Where is that? I
1
25 A Based in Vegas.
I
r:
Page 68
m
1 Q Now, are you aware that there -- over the last
2 three or four months there has been national media
co
3 coverage of what has been called robo signers?
A Yes.
d.
4
5 Q Has there been any review of your actions by
au
6 Ticor Title in connection wi th your execution of notices
7 of defaul t since that robo signer story broke?
Fr
8 A No.
re
9 Q What is the connection, if any, between your
10 company and Fideli ty? su
11 A Our company, my understanding is, you know,
12 we're owned or a subsidiary or there is a relationship
clo
13 there corporate-wise.
14 Q With what Fidelity company?

re
15 A I'm not sure. Fideli ty something or other.

Fo
16 Q What about United Title of Nevada?

17 A I'm aware of the name.
op
18 Q Are you aware of any connection between Ticor

19 Title and United Title?
St
20 A No.
21 Q How many times have you been sued in connection
w.
22 wi th foreclosure cases?
ww
23 A As far as being served?

24 Q Yes.
25 A I'm not sure of the total number. It might be
.,' , ,,', '" "". :-.... '.':'.'..':.:- .'.':',.'. ,'r "
Page 69
m
1 around 20-ish.
2 Q And has -- have you brought it to the attention
co
3 of your employer that you have been sued approximately
20 times for executing notices of defaul t or your
d.
4
5 invol vement in foreclosures?
au
6 A Yeah, they are aware every time I get served.
7 Q And have you ever had any meetings with anybody
Fr
8 in Ticor or any Ticor related company to go over whether
re
9 the allegations against you in those complaints had
10 merit or did not have merit? su

11 A No.
12 Q Are you still signing notices of defaul t at the
clo
13 present time?
14 A Yes.
re
15 Q And are you still failing to determine whether

Fo
16 any of the statements contained in those notices of

17 default are true?
op
18 A Our operations are still operating as they have

19 been.
St
20 Q Are you still failing to undertake any action I
21 to determine whether the statements contained in the

w.
22 notices of default are true?

ww
23 A No.
24 Q You have changed?
25 A Let's rephrase the question.
Page 70
m
1 Q Are you -- You have described to me that you
2 have never read a notice of defaul t before you sign it?
co
3 A Right.
Q Is that still true?
d.
4
5 A Yes.
au
6 Q Is it still true that you don't take any effort
7 to determine whether the statements contained in a
Fr
8 notice of default that you sign are true?
A No effort.
re
9
10 Q And do you make any attempt whatsoever to

su 1
11 determine whether any of the companies on whose behalf

clo
12 you are signing a notice of defaul t have any authori ty
13 whatsoever to commence a foreclosure on a given property
14 before you sign that document?

re
15 A No.
Fo
16 Q Do you plan to change what we have just talked

17 about in any way? In other words, to take some effort
op
18 to see whether or not the contents of the documents are
19 true before signing them?

St
20 A Well, that is not in my purview.

21
w.
Q Well, it could be in your purview if you wanted

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

24 yes.
25 Q Or you could say I would like to make sure that
Page 71
m
1 what is in this document is true before I sign it?
2 A I don't believe we would see any resul t in
co
3 that, other than maybe not being given the document to
d.
4 sign, so We're not in that loop.
5 Q So your concern is that if you were to say you
au
6 wanted to look at documents to determine whether or not
7 the contents --
Fr
8 A Right.
re
9 Q -- the statements in the notice of default were
10 true -- su
11 A Right.
12 Q -- might resul t in you no longer being able to
clo
13 sign notices of defaul t because you wouldn't have that
14 business?
re
15 A Well, that is -- you know, that is not in our

Fo
16 purview to -- This is the client's statement that they
17 presented us wi th this document to sign on their behalf

op
18 and they would probably find it outside of our
19 consideration to be questioning what is on these

St
20 documents.
21 Q And I understand, but you have been sued some
w.
22 20 times over these documents; right?

ww
23 A We have been named in cases, you know, that

24 include a lot of allegations of lots of sorts regarding
25 these foreclosure matters and the loans underlying them.

,..' ~
Page 72
m
1 Q Including that you started foreclosures on
2 behalf of companies that had no authority to foreclose;
co
3 right?
A Well, again we didn't start the foreclosure per
d.
4
5 se. We recorded a document on behalf of our client.
au
6 Q You have been sued for signing notices of
7 defaul t on behalf of companies --
Fr
8 A Right.
re
9 Q -- that have no authority to foreclose; true?
10 MR. WARREN: Obj ection characterization
su
11 question.
12 THE WITNESS: I don't know if these statements
clo
13 are true that you're alleging, so --

14 BY MR. HAGER:
re
15 Q Which statements?
I
Fo
16 A The ones you just rattled off.

17 Q Well, you tell me, sir, what is your
op
18 understanding of what you have been sued for in your own
19 words approximately 20 times?

St
20 A My understanding is that I have been swept up

21 in an effort to put a stop or to litigate, you know, the
w.
22 loan issues that revolve these properties, and since I

ww
23 was, you know, the easiest target I'm being, you know,
24 put through the ringer here personally for something I
25 had nothing to do wi th.

Page 73
m
1 Q Well, now that you have had an opportunity to
2 answer some questions from me today and you understand
co
3 that I'm asking you questions like do you know whether
d.
4 anything is true in this document that you have signed
5 and your answer is no, do you now understand that it's
au
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
Fr
8 to see if whether what you were signing was true?
re
9 MR. WARREN: Objection, argumentative.
10 BY MR. HAGER: su
11 Q Do you understand that now?
12 A There is no requirement for me to read the
clo
13 document and understand about it's details. This is not

14 an affirmation statement presented to a court.
re
15 Q If I --
Fo
16 A My signing is not me personally attesting to

17 anything.
op
I
18 Q If I asked you to sign a document saying that
19 Mrs. Jones who lives over there and that is a
St
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
w.
22 was true?
ww
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' ~ -
Page 74
m
1 need wi tnesses.
2 Q This is a case of taking someone' shouse,
co
3 right, foreclosing on it?
d.
4 A Well, whatever that means again, you know.
5 This is a legal process to regain the securi ty of a
au
6 promissory note.
7 Q Do you have a mortgage on your home?
Fr
8 A Yes.
re
9 Q So you would understand what it would mean if
10 somebody foreclosed and took your home and you didn't

su
11 have it any more; right?
12 I would understand that it was because of an
clo
A
13 action possibly that I might have taken.

14 Q By signing a notice of defaul t?
re
15 A No, by not making a house payment.

Fo
16 Q But you don't know whether these people made a

17 house payment or not --
op
18 A No.
19 Q -- because you never made any inquiry as far as
St
20 whether there was ever even any default, did you?

21 I think that is not for me to question. I'm
w.
22 not signing this on behalf of myself personally.

ww
23 Q And you don't plan to change that at all, do
24 you?
25 A Unless I'm instructed. I'm just an employee
---.,-t , ,
Page 75
m
1 signing documents as instructed.
2 Q So absent an order of the court you will
co
3 continue to sign documents presented to you wi thout
d.
4 taking any -- undertaking any effort to see whether any
5 statement contained in that notice of default is true;
au
6 correct?
7 A Unless my management tells me otherwise.
Fr
8 Q And as of this point they have not even asked
re
9 you or talked to you about any of the lawsui ts against
10 you for signing notices of defaul t; correct?
su
11 A Correct.
12 Q Now let's compare the first document in Exhibi t
clo
13 4 wi th the second document in Exhibi t 4, both of which
14 are notices of defaul t, both of which were recorded in

re
15 Lyon County.
Fo
16 MR. WARREN: Excuse me, counsel.

17 MR. HAGER: And I'm sorry, the second one, I
op
18 believe, was recorded in Washoe County.

1
19 MR. WARREN: That is correct.

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

w.
22 recorded in Lyon County.

ww
23 When you signed this document it said recording
24 requested by LPS Title Company of Nevada; right?
25 A Again up in the upper left-hand corner, yes.

, ',,' ,..,'," ',':',_ ,,': ",',:' ":"'::',":':':':'.:," '.,".-,',",":':',.. .c-''''..,:,;.,:.:'-. -:,':-::,"',.',';,.:.-,'
Page 76
m
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
co
3 there; correct?
Correct.
d.
4 A
5 Q So who told you the recording was requested by
au
6 LPS Title Company of Nevada?
7 A I'm not understanding your question. Nobody
Fr
8 told me anything.
re
9 Q Well, you signed this document saying that that
I'
10 was true, so -- su i
11 A Where's that?
clo
12 Q Oh, this gets back to your saying that you're
13 merely signing a document, it doesn't mean you're saying

i
14 anything in the document is true; right?

re
15 A Correct.
Fo
17 at the time that you signed this notice of defaul t and

op
18 caused it to be recorded starting this foreclosure in

-19 Lyon County?
St
20 MR. WARREN: You're referring to 443553?

21 HAGER: Yes.
w.
MR.
22 MR. WARREN: Thank you.

--
ww
23 THE WITNESS: Who is the beneficiary or who
24 At the time I signed, as the questions of this nature

25 have come previously, again I don't know who the
,'.,".'",', .. ..',',' ,.,.,'.'.,','. .'.C. '", _.'.:'
Page 77
m
1 beneficiary is on this one.
2 BY MR. HAGER:
co
3 Q Who was the trustee?
d.
4 A It was who it was at the time, which I have no
5 knowledge of.
au
6 Q So at the time you signed this document,
7 443553, on June 5th, 2009 you did not know who the
Fr
8 beneficiary of this loan was and you did not know who
re
9 the trustee of the loan was; correct?
10 A No, correct. su
11 Q Now let's take a look at this signature line of
12 yours.
clo
13 A This is 443553?
14 Q Yes.
re
15 A Yes.
Fo
16 Q Stanley S. Silva and then you go Stanley S.

17 Sil va agent?
op
18 A Yes.
19 Q Did somebody tell you to wri te your name and
St
20 then put Stanley S. Silva agent?
21 A Yes.
w.
22 Q Who?
ww
23 A When I was first hired the gentleman who was

24 doing this before me showed me by example this is how he
25 was shown to sign the document.

--- -:--- :_---- ,',.'.',',,',,' , ;, '.."
Page 78
m
1 Q Who was that person?
2 A His name was Garrett -- I don't remember his
co
3 last name. He was an employee of our company.
d.
4 Q Did he tell you why to put agent under your
5 name?
au
6 A Other than that is how he was told to do it.
7 Q Did anybody else at Ticor Ti tle tell you to
Fr
8 sign that in that fashion?
re
9 A No.
10 Q Does anybody review these notices of defaul t in
su
11 Ticor Title after you execute those?
12
clo
A Wi thin our organization, no.
13 Q Getting back to your signature line, this one
14 you have signed Stanley S. Silva and then it says

re
15 Stanley S. Silva agent, LPS Title Company Nevada as

Fo
16 agent all under the signature line.

17 What does that mean, who is the agent of --
op
18 A Of
19 Q Of who?
St
20 A Well, I'm signing, in fact, on behalf of Ticor I"
I',
21 Ti tle of Nevada who is agent for LPS Ti tle who is agent
w.
22 for National Default Servicing.

ww
23 Q Who is agent for Fidelity National?
24 A Apparently, yes.
25 Q Which is a servicer for Wilshire?
Page 79
m
1 A Apparently.
2 Q What does that mean?
co
3 A Other than what it means on the surface.
d.
4 Apparently there are a number of business relationships
5 there.
au
6 Q So who actually started this foreclosure among
7 those names that we just talked about?
Fr
8 A Well, we would suppose through our knowledge of
re
9 what we understand about the lending servicer industry,
10 I would say it would be Wilshire. They are stating on

su
11 here that that is the servicer, or Wilshire might be --
12 Excuse me, I looked at that incorrectly.
clo
13 Wilshire might be a beneficiary and Fideli ty is

14 claiming to be a servicer for Wilshire.
re
15 Q Or they could all be nobody, right, in

Fo
16 connection to this deed of trust, you don't know?

17 A No, I don't know.
op
18 Q In fact, let's look at that paragraph that you

19 looked at before to say who the beneficiary was.
St
20 A Yes.
21 Q This one says MERS nominee for Mila, Inc.,
w.
22 M-i-l-a, Inc.
A Right.
ww
23
24 Q -- as beneficiary.
25 None of them are involved in this foreclosure;
Page 80
m
1 right?
2 A Not that I'm aware of, no. They are not stated
co
3 on the document down on the signature line.
Q Are any of those -- ei ther of those two
d.
4
5 enti ties beneficiaries at the time that you signed this
au
6 document starting the foreclosure?
7 A I wouldn't know.
Fr
8 Q You don't know on whose behalf you started this
re
9 foreclosure by this document executed on June 5th, 2009,
10 do you? su
11 A Our company started it on behal f of LPS who
clo
12 requested it be recorded.
13 Q Has anybody ever told you that in connection

14 with any of these one to 2000, as you have stated,
re
15 notices of defaul t that you have executed that any

Fo
16 beneficiary ever as to any of those loans declared a
17 defaul t or demanded a sale of any of those properties?

op
18 A I'm not aware of that. I'm not in the loop of

19 that.
St
20 Q Are you aware -- You have been in the business

21 for 20 years, the title business?
w.
22 A Yes.
ww
23 Q That that is a requirement of Nevada

24 foreclosure law?
25 A No, that is in foreclosures. We don't do

'.-.: "0,~~
Page 81
m
1 foreclosures. So I'm not in that area of operation.
2 What is your understanding of why these words
co
Q
3 are put in these notices of default, is it to satisfy
d.
4 certain legal requirements of Nevada foreclosure law?
5 A You're referring to all the various paragraphs
au
6 that are in the document, what constitutes the document?
7 The ones that you signed and caused to be
Fr
Q
8 recorded, yes?
re
9 A I would imagine they have been drawn up to
10 satisfy statutory requirements. su

11 Q And so it would be important if there was a
12 representation made by you that those statutory

clo
13 requirements had been satisfied that that representation

14 be true?
re
I,
15 A Wel l, they are not made by me. They are made

1
Fo
16 by these enti ties that I work for who are agents for i
17 other folks. Personally I'm not attesting to anything. I

i
op
18 Q Well, you're signing them?
19 A I'm jus t a person signing a document on behal f

St
20 of the enti ty I work for.

21 And the document couldn't be recorded wi thout
w.
22 somebody's signature on it; correct?

ww
23 A Yeah, you need a live signature on stuff.
24 Q So you are a necessary cog in the wheel for
25 this foreclosure processing to occur at Ticor Ti tle of

Page 82
m
1 Nevada by placing your signature on these documents;
2 true?
co
3 A In this realm, yes.
Q And so again wi th that understanding is it
d.
4
5 important that all of the statements contained in the
au
6 document be true if they are placed there for the
7 purpose of satisfying Nevada foreclosure law so that a
Fr
8 home can be foreclosed on?
re
9 A Yes, I would think so.
10 Q Have you ever seen anything in connection with
su
11 your employment in wri ting that says all the statements
clo
12 contained in this notice of default are true?
13 A No.
14 Q So nobody has ever told you they are true and
re
15 you have never made any effort to determine that they

Fo
16 are true, but you think it's important that they be
17 true; correct?
op
18 A As a representation I think that's close, sure.

19 Q i s there something not correct about it?
St
20 A Anything can be phrased differently, but no, I

w.
21 think your statement is relatively correct, yes.
22 Q Let's go to Exhibi t 5.
ww
23 This is a Washoe County Recorder recorded
24 notice of defaul t signed by you; correct?
25 A Yes.
.',', , , ','. ",',' " ,,','.',"
Page 83
m
1 Q MERS deed of trust?
2 A It shows that, yes.
co
3 Q And this is LPS Defaul t Ti tle and Closing. Is
d.
4 that a di fferent company than the other LPS that we just
5 talked about a minute ago which was LPS Ti tle Company?
au
6 A It mayor may not be. I'm not aware of all the
7 various enti ties that LPS has.
Fr
8 Q Do you look and see whether or not these
re
9 companies are clients of Ticor Ti tle before you execute
10 these documents or if they are e-mailed to you do you
su
11 just sign them?
12 What I can say is we have an agency agreement
clo
A
13 with LPS and I'm not familiar with the particular

14 language in it, whether it states LPS and all of its
re
15 enti ties or not, but I would think a bunch of attorneys

Fo
16 drew it should.
up so it
17 Q Do you look to determine whether, in fact,
op
18 Ticor Title has an agency relationship with a company

19 before you execute a document on behalf of that company
St
20 to have it recorded?
21 A I wil 1 say that if it says LPS 6n it then I'm
w.
22 able to sign it.

ww
23 Q Regardless of whether it has LPS Ti tle or LPS
24 Defaul t Ti tle and Closing or LPS something else?

25 A Right.
--
Jones v. Wells Fargo Stanley Si 1 va January 4, 2011
Page 84
m
2 at the time that you executed this notice of defaul t
co
3 starting this foreclosure?
d.
4 A I'm not aware.
5 Q Now, is there anyone other than MERS that is
au
6 identified as the beneficiary on this deed of trust in
""
7 this notice of default?
Fr
8 A As shown on the document, no.
re
9 Q So when you signed this and it says that by
10 reason thereof the present beneficiary under the deed of

su
11 trust has executed and delivered to said duly appointed
clo
12 trustee a written declaration of default and demand for
13 sale, was it your understanding that MERS had done that?
14 A I didn't have an understanding who would have
re
15 done that. I wasn' t involved in that side as usual.

Fo
16 Q Is there anybody at Ticor Title that looks at
17 these documents -- You have explained to me you don't

op
18 read them, you don't know, you didn't have any

19 understanding, you don't know who owned the loan, you
St
20 don't know who the beneficiary was, you don't know who
21 the trustee was.
w.
22 Was there anybody at Ticor Title that looked

I
ww
23 into any of those things before this was presented to

I
24 you for your signature?

25 A No.
Page 85
m
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
co
3 just asked you about from this date forward before you
d.
4 sign these notices of default?
5 A It may come up for discussion.
au
6 Q Do you have any plans for recommending that
7 that happen?
Fr
8 A After today obviously there will be some
re
9 discussion. I have no idea about its parameters.
10 Q When was the last time you executed a notice of
su
11 defaul t?
A Yesterday.
clo
12
13 Q How many did you execute yesterday?
14 A Five or six, something along those lines.
re
15 Q And did you cause those to be recorded? I

Fo
16 A Yes.
17 Q And did you make any effort whatsoever to
op
18 determine whether the statements contained in those
19 notices of defaul t were true and correct?

St
20 A No.
21 Q Did you make any -- undertake any effort
w.
22 whatsoever to determine whether or not the companies on

ww
23 whose behalf you signed those notices of defaul t had any

24 authori ty whatsoever to foreclose on those properties?
25 A No.
--_:_,---:--~ ~--
Page 86
m
1 Q When you executed that notice of default that
2 is in front of you there, you were starting a
co
3 foreclosure on behalf of which company?
A Well, as always our direct client in this case
d.
4
5 would be LPS, but that doesn't necessarily mean that I'm
au
6 starting a foreclosure on their behalf. It's their
7 client's.
Fr
8 Q Right, I understand that.
re
9 So the answer is you don't know; correct?
10 A Well, I do know who they would like it to

su
11 begin.
12 Q So who would they like to it tö begin on behalf
clo
13 of?
14 A The parties that are shown on the notice of
re
15 defaul t. They want the -- Let me back up and say to

Fo
16 issue our TSG product, our guarantee, they want it to be I
17 in the name of their clients, which would be the

op
18 trustee, and who they are showing as the beneficiary on
19 here.
St
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
w.
22 and noticed that the title actually is transferred to

ww
23 Fannie Mae, Freddie Mac, Deutsch Bank, GMAC, Wells
24 Fargo, some company that you had absolutely no knowledge
25 of in connection wi th your commencement of that

::,:-: -':. ':..,' '.,'
Page 87
m
1 foreclosure?
2 A Well, certainly they record all these
co
3 assignments along the way during the foreclosure process
d.
4 before they get to the trustee sale to fill in the
5 assignment chain.
au
6 Q You're talking about assignments of the deed of
7 trust?
Fr
8 A Yes.
re
9 Q So you're talking about that what they do is
10 they assign the deed of trust after the loan is in
su
11 foreclosure?
12 A Yes.
clo
13 Q And does that make them a holder in due course,

14 are you familiar wi th that language based on your
re
15 understanding?
Fo
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
op
18 have a clear recollection.
19 Q Is it your understanding that if somebody

St
20 assigns a note that is in foreclosure the receiver of

21 that note is not a holder in due course because it's in
w.
22 defaul t and foreclosure?

ww
23 A Yeah, I'm not up on those details.

24 Q Turning to Exhibi t 6. This is a Washoe County
25 Recorder recorded document.
Page 88
m
1 Do you see that?
2 A Yes.
co
3 Q And when you signed it it said recording
d.
4 requested by LSI Ti tle; --
5 A Yes.
au
6 Q is that correct?
7 A Up in the upper left-hand, yes.
Fr
8 Q And the only beneficiary named on this deed of
re
9 trust is MERS?
10 A That is what it shows, yes. su

11 Q And then it says on the second page that the
12 present beneficiary has executed and delivered a
clo
13 declaration of default, demand for sale, and has

14 surrendered to the trustee the deed of trust and all
re
15 documents evidencing the obligations secured thereby.

Fo
16 Do you see that? !
17 A Yes.
op
18 Q Based on your personal knowledge you don't know

19 that any of that is true; correct?
St
20 A Correct.
21 Q Who was the owner of this loan at the time
w.
22 this -- you signed this notice of defaul t?
A I don't know.
ww
23
.,'
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- -'.' "':-',,'
Page 89
m
1 what has been called robo signers?
2 A Yes.
co
3 Q When you -- You read some of those articles?
A I have seen them in the media, yeah.
d.
4
5 Q TV and newspaper, that kind of thing?
au
6 A Right.
7 Q Is that correct?
Fr
8 A Yes.
re
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 su
11 robo signer?
12 A I understood that they were in reference to
clo
13 judicial foreclosures on affidavi ts that had been in
14 mass signed wi th no knowledge, and I did not feel that

re
15 applied to me because that wasn't what we were doing and

Fo
16 we're not involved in that type of action.
17 Q Foreclosures?
op
18 A Yes, and robo signer to me was specifically

19 defined as that type of behavior. What I do I don't
St
20 believe is robo signing in my own mind.

21 Q So you understood, so we can break this down,
w.
22 that what the robo signers were being accused of in the

ww
23 media was signing documents wi thout verifying the
24 accuracy of the information contained therein; true?

25 A More pointedly
_..,',_ -'.'C. -',-,-;'-'_.'''' ',/_ '._
Page 90
m
1 Q Let's break it down question by question.
2 A -- signing affidavits and submi tting them to
co
3 court.
d.
4 Q You understood --
5 A So the two comparisons are not similar in
au
I:
6 Q We will break it down and we will see how much
7 is similar.
Fr
8 So I will ask you specific questions and we
re
9 will get answers from you. Does that sound fair?
10 A That sounds fair. su
11 Q That is what this is about. That is what a
12 deposition is.
clo
13 A Correct.
14 Q I'm just a lawyer. I'm just a -- I'm a nice
re
15 guy just ask questions, you get to answer them. i

Fo
16 A I can understand that.

17 Q Okay.
op
18 So my first question is would you agree that

19 one of the similari ties between what you read in the
St
20 media about robo signers and you is that they were

21 accused of signing documents without verifying whether
w.
22 the contents of those documents were accurate?

ww
23 A Correct.
24 Q And would you agree that they were accused of
25 signing documents that started a foreclosure process?
" ,
Page 91
A I'm not aware of that aspect, so --
m
1
2 Q You're not aware that it had anything to do
co
3 wi th foreclosures?
A You said start a foreclosure process.
d.
4
5 Q Well, let me rephrase.
au
6 Were you aware that the documents that robo
7 signers were accused of signing wi thout verifying the
Fr
8 accuracy of the information contained therein were used
re
9 to foreclose on people's properties?
10 A They were used in the process, yes. su
11 Q And would you agree that that is what your
12 notices of default were used in?
clo
13 A Yes.
14 Q And did you understand that part of the media
re
15 coverage, the story, if you will, was the failure of

Fo
16 those people who were signing numerous documents without

17 looking at the file to see whether or not what they were
op
18 signing was true was an issue? I
19 A I fel tit was because they were required to.

St
20 Q And the distinction, as I understand, that

21 you're making is you're saying since you weren't signing
w.
22 them under oath you were free to sign something even if

ww
23 it was untrue, is that what you're saying?

24 A I was I -- Roughly, yes. I fel t that what I
25 was signing was proper and I was not under any
'.'-' '.,','j --.," ," ,', - ..,,':,' - ',', - :'" "~:" ,",' .-,-: .'-, ",
Page 92
1 contractual obligation or liabili ty reason to verify
m
2 stuff.
co
3 Q So if you had been signing those same
d.
4 documents, these same notices of default under oath then
5 you would have been obligated to verify the accuracy of
au
6 the information, is that your understanding?
7 A If that is what was -- the oath required, yes.
Fr
8 Q But since you were not under oath, whether it
re
9 was true or untrue was of no significant to you; --
10 A No. su
11 Q is that correct? I
"
12 Is that correct? .
clo
,
13 A Yes.
14 Q Okay, let's take a look at Exhibi t 7.
re
15 Again you don't know whether the contents of

Fo
16 thi s document are true at al l, anything contained in

17 that document; correct?
op
18 A Correct.
19 Q And you never undertook any effort to determine
St
20 whether any statement contained therein was true?

21 A True. 1
w.
22 Q And you don't know whether any party on whose

ww
23 behalf you executed this document had any authori ty to

24 foreclose on this property; correct?
25 A Correct.
, '. ",-,' -.-,,:.," ,',', - ',',:' .:-'-', ,
Page 93
m
1 Q And that remains the policy of Ticor Title
2 today wi th regard to your signing notices of default;
co
3 true?
A Yes.
d.
4
5 Q Now, I asked you a question about whether you
au
6 signed the notary book.
7 If I obtained the notary book, which I can by
Fr
8 order of the court, of Ani ta Moore, approximately how
re
9 many times would you estimate that you actually signed
10 that notary book? su
11 A It would be very few times.
12 Q So you have said one to 2000 notices of
clo
13 defaul t.
14 A Right.
re
15 Q Give me an estimate, because I will get the

Fo
16 notary book, of how many times you believe you signed

17 that notary book? I,
op
18 A Well, I don't know exactly, but it was only I
19 probably in the earlier days and not at all in recent

St
20 times.
21 Q Earlier days would be, what, 2007?
w.
22 A Probably when she started notarizing our stuff,

ww
23 yes.
24 Q So in the last three or four years you haven't
25 signed the book at all ever?
'....
Page 94
1 A No, no.
m
2 Q Exhibi t 8, this is a MERS deed of trust?
co
3 A It says that on the document, yes.
4 Q And MERS and Lime Financial the deed of trust
d.
5 was in favor of; is that right?
au
6 A Correct.
7 Q Any of those parties involved in this
Fr
8 foreclosure?
re
9 A I'm not aware. They could be. I'm not aware
10 of who is involved. su
11 Q You're not aware of who was involved in the
12 foreclosure that you commenced by signing this notice of
clo
13 default on October 10th, 2007?

14 A The statement up here was the original parties
re
15 on the deed of trust and who the current parties were at

Fo
16 the tim~.I signed this, I'm not aware of who they are,
17 other than who is shown on the signature line.
op
18 Q And you're not aware whether any of those I
19 parties had authori ty to foreclosure, were the trustee,

St
20 were the beneficiary, or in any way connected wi th this

21 loan at the time you executed this document, are you?
w.
22 A Not directly, no.

ww
23 Q Indirectly are you?

24 A Not indirectly.
25 Q Not in any way; right?
i:
',' , " , ,..' ,',' ,",'."
Page 95
A Other than the fact that they are -- they are
m
1
2 our, you know, our clients and other parties are my
co
3 client's clients and having that knowledge, but that is
d.
4 as indirect as it gets.
5 Q So with regard to this particular one, you had
au
6 to wri te in Chicago Defaul t Services because that was
7 your client?
Fr
8 A Yes.
re
9 Q So when this document was presented to you, I:
10 even the client of Ticor Ti tle' s name did not appear on

su
11 the notice of default that you signed, you had to hand
12 write in the name of your client; is that true?
clo
13 MR. WARREN: Objection, misstates the document.

14 Look at the first page, counsel, recording requested by.
re
15 BY MR. HAGER:
Fo
16 Q Does recording, requested by mean that that is

17 the party on whose behal f you're commencing the
op
18 foreclosure?
19 A Myself I'm not sure what it means.
St
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
w.
22 where they should send the recorded document to?
A It gets used for that purpose, yes.

ww
23
24 Q Tell me absent your wri ting in by hand above I
25 your signature line Chicago Defaul t Services as agent

:'
',' ",.' ,,"..' _.'.'..,' ',',',
Page 96
m
1 for where in this document it says that you were taking
2 any action on behalf of Chicago Defaul t Services?
co
3 A It doesn't in this document.
Q So you had to add that; right?
d.
4
5 A Yes.
au
6 Q So what was Chicago Defaul t Services' interest
7 in this property?
Fr
8 A Other than being our client and as it is shown
re
9 on the signature line I'm not aware of any particular
10 interest. su I'
11 Q Are you aware of any interest whatsoever that

12 Chicago Defaul t Services had in the property that you
clo
13 signed this notice of default to foreclose on?

14 A Other than them being our -- we were an agent
re
15 of theirs to sign on their behalf, that's all.

Fo
16 Q But you don't know that they held any interest

17 in the property; is that correct?
op
18 A I'm not aware of any interest they had in the

19 property.
St
20 Q Wouldn't they have to have some interest in the

21 property to be able to foreclose?
w.
22 MR. WARREN: Obj ection, lacks foundation.

ww
23 THE WITNESS: Yeah, they are signing as agent

I
24 for National Defaul t who is agent for Select Portfolio.
25 This is again our agency stacking.
..."... - '... "_.:-:: '.

Page 97
m
1 So your question did Chicago Defaul t have an
2 interest in the property is not correct. They don't
co
3 have to have an interest in the property, other than the
d.
4 originating beneficiary that they are working on behalf
5 of.
au
6 BY MR. HAGER:
7 Q MERS and Lime Financial?
Fr
8 A Or whoever it might be at the time this was
re
9 signed. This isn't showing any assignments that may
10 have been there. su
11 Q And you haven't seen any?
12 A Not to my knowledge. i
clo
It doesn't mean they
I,
13 weren't there.
14 Q Or that they were there; right?
re
15 A Ei ther way, yeah.

Fo
16 Q Have you ever seen any document reflecting that

17 Ticor Title had an actual agency relationship with
op
18 Chicago Default Services?

19 A Actually from a distance, yes.
St
20 Q What kind of document?

21 A Again I didn't have it presented to me for
w.
22 review, but I saw it from a distance within someone's

ww
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'
",'
Page 98
m
1 A As -- I don't know directly what it was because
2 I never reviewed the document. It was presented to me
co
3 by management.
Q So you don't know wi th regard to any of what
d.
4
5 you have called clients here today of Ticor Ti tle that
au
6 Ticor Ti tle had the authori ty to commence a foreclosure
7 on behalf of any company pursuant to those agency
Fr
8 relationships?
re
9 A Not from my own review, but as presented to me
10 by management. su
11 Q By who in management?
12 A The parties, you know, that were managing the
clo
13 company.
14 Q Who?
re
15 A It would be Steve Schiller and another

Fo
16 gentleman at the time, Don Pauly.

17 Q Is he still there?
op
18 A Steve is. Don is not physically in the office.

19 I believe he's working remotely.
St
20 Q Where does he live?

21 A In California.
w.
22 Q Where in California?
A I'm not familiar.
ww
23
24 Q Does he work with Ticor?
25 A There is some type of employment relationship
I
Page 99
1 with him still, yes.
m
2 Q And what did they tell you specifically wi th
co
3 regard to the scope of the agency authority between
d.
4 Ticor Title and what you have called its clients that
5 authorized you to sign documents to start foreclosures
au
6 on behal f of other companies?
7 A Just that we have an agency agreement wi th them
Fr
8 and that we're authorized to sign on their behalf.
re
9 Q Have you ever seen anything in wri ting that
10 reflects what you just said? su
11 A As I mentioned, have I reviewed something in
12 wri ting or have I seen something in wri ting?
clo
13 Q No, now I'm not talking about you said at a

14 distance, which I'm assuming you never held it in your
re
15 hand; right?
Fo
16 A Correct. .
1
17 Q No, I'm not talking about these agency
op
18 agreements that if they, in fact, are agency agreements. I
19 A Right.
St
20 Q I'm talking about in Ticor Title to you,

21 Stanley Silva --
w.
22 A Right.
ww
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
, " ,.,',,', '" .,.' ".,,' ,'.,', ,',',..'
Page 100
m
1 foreclosures on behalf of companies based on documents
2 presented to you?
co
3 A It's been -- It was told me that I had
authority to sign on behalf of Ticor Title.
d.
4
5 Q My question to you is have you seen anything in
au
6 writing that reflects what you just said about you being
7 told?
Fr
8 A No, not mysel f .
re
9 Q Now, the next one, Exhibi t 9, thi s one at the
10 time you signed it did not, just like all of them, did
su
11 not include the recorder's stamp in the upper right-hand
12 corner; correct?
clo
13 A Correct.
14 Q So it says when recorded mail to Fideli ty
re
15 Na tional Ti tle Insurance Company; correct?

Fo
16 A Correct.
17 Q This is a MERS deed of trust?
op
18 A It's showing that on the citation of the deed

19 of trust, yes.
St
20 Q Who was the beneficiary of this loan at the

21 time you executed this document on behalf of Fideli ty
w.
22 National Ti tle Insurance Company and others?

ww
23 A I'm not aware.

24 Q Now, did you tell me before that Ticor was a
25 subsidiary of Fideli ty?
Page 101
m
1 A One of their subsidiary companies, yes.
2 Q Who was the trustee on this property at the
co
3 time you executed this document in part on behalf of
d.
4 your parent company, Fideli ty National Insurance
5 Company?
au
6 MR. WARREN: Objection, argumentative. That
7 wasn't his testimony. Answer the question, if you can.
Fr
8 THE WITNESS: I'm unaware of who the trustee
re
9 was at the time that I executed the document.
10 BY MR. HAGER: su
11 Q Now, since it was al leged that it was I'
12 argumentative, look above your signature line there.

clo
,;
13 A Yes.
14 Q Did you sign this as agent for Fideli ty
re
15 National Ti tle Company, Insurance Company?

Fo
16 A No, it was for I signed it on behalf of

17 Ticor Ti tle agent for LPS.
op
18 Q As agent for Fideli ty National Ti tle Insurance
19 Company?
St
20 A That is the representation here that LPS has an

21 agency agreement wi th Fideli ty.
w.
That is what is showing 1
22 on the signature line.

ww
23 Q So as you understand it, when you sign as agent

24 for Ticor as agent for LPS as agent for Fideli ty
25 National Ti tle Insurance Company, are you signing on
Page 102
m
1 behalf of all of those companies?
2 A I'm only signing on behalf of Ticor.
co
3 Q So you -- when you place your signature on this
d.
4 document you have no intention to take any action on
5 behalf of any company other than Ticor, is that your
au
6 testimony?
7 A Right, yes.
Fr
8 Q So as far as you're concerned, then, it would
re
9 be fair to say that as to any of these other companies
10 here, LPS Lender Processing Services, Fidelity National
su
11 Ti tle Insurance Company, American Home Mortgage
12 Servicing, Inc., you are taking no action and commencing

clo
13 no foreclosure on their behalf?

14 A Other than as being agents for each other.
re
15 Q So you are taking action on their behalf?

Fo
16 A Ticor Ti tle is signing as agent for who is

17 signing as agent for who is signing as agent for.
op
18 So maybe I'm not understanding your question.

19 Q Wel l, you ei ther are or are not taking action
St
20 by placing your signature on that document on behalf of

21 all of those what you have called stacked agents?
w.
22 A Well, yes, I mean in that light the person at

ww
23 the bot tom of the chain by executing the document has
24 taken an action on behalf of all of them through their
25 various agency agreements.

".,'...". , '..',' , '.',','..',' ,. ~ ,',.
Page 103
m
1 Q So that is what you understand --
2 A But I don't sign on behalf of somebody two
co
3 steps up directly.
d.
4 Q But you're taking an action on behalf of all of
5 them?
au
6 A On behalf of them, yes. That is how it's
7 understood, yes.
Fr
8 Q So you understand that you're acting on behalf
re
9 of all of them when you place your signature on a
10 document? su
11 A In that regard, yes.
12 The next document, Exhibi t 10. T. D. Service
clo
Q
13 Company, you signed on their behalf; correct?

14 A Again wi th the standard caveat of how that
re
15 works, yes.
Fo
16 Q Now, you told me before that you receive these

17 documents from In this instance, let me ask you,
op
18 would it be T. D. Service Company?

19 A No.
St
20 Q Who did you receive it from?

21 A From LPS.
w.
22 Q And you know that because

ww
23 A Because it came bye-mail from an LPS employee.

24 Q Does LPS' name appear on thi s?
25 A It itself not on this document, but on the i
',','. '.' ,.' ',',' t!

',',',' '"
Page 104
m
1 e-mail itself, yes, that this was attached to.
2 Q So you receive a document from LPS and sign on
co
3 behalf of companies, none of which include LPS?
d.
4 A LPS may not be in the chain, but an LPS company
5 will be, like in this case it shows LSI, who is an LPS
au
6 company.
7 Q So is LSI a client of Ticor Title of Nevada?
Fr
8 A Yes.
re
9 Wel l, I'm sure they are through the agency
10 agreement wi th LPS. It could be one of the enti ties
su
11 that are related to LPS that we sign on behalf of.
12 Q Okay, now I think I'm understanding something
clo
13 differently than what I understood up until this point

14 in this deposition.
re
15 Ticor Title has an agreement with LPS?

Fo
16 A Yes.
17 Q And LPS sends documents to Ticor Ti tle and says
op
18 execute those on behalf of these different companies

19 that are identified in the documents?
St
20 A Yes.
21 Q Ticor Ti tle doesn't have an individual agency
w.
22 agreement wi th LSI Ti tle or these other companies that

ww
23 we have talked about?
24 A LSI is LPS. They are used interchangeably.

25 They are the same company or some subsidiary. As
Page ios
m
1 telling the difference between these other company names
2 like T. D. Service or, you know, I don't sign on behalf
co
3 of T. D. Service directly. It's always through an LSI
intermediary.
d.
4
5 Q So Ticor Ti tle is one of these companies that
au
6 deals wi th LPS and receives documents from LPS and signs
7 them on behalf of whatever company LPS has identified in
Fr
8 those documents and you're the person that signs those;
re
9 is that correct?
10 A Yes. su
11 Q Now, are you aware of the -- Have you ever
12
clo
Googled LPS, have you ever heard about the litigation 1
13 involving LPS, are you familiar with LPS' connection
14 wi th MERS?
re
15 A Not specifically.
Fo
16 I'm aware of, you know, what I term, you know,

17 the issues going on back east with, you know, some of
op
18 the LPS companies, but out here I have not heard a

19 thing. ..~..
St
20. Q And so when did you become aware of the issues,

21 as you put it, back east relative to LPS?
w.
22 A Well, that is when it started hitting the media

ww
23 during the fall, I think, and there has been a few news
24 articles since.
25 Q Not prior to that time?

~ ~ = I
Page 106
1 A I'm not aware of it, no, not prior to that
m
2 time. I mean, it was all media information that I
co
3 became aware of it.
d.
4 Q Are you aware that LPS is the document process
5 preparer for MERS?
au
6 A I'm not aware of what LPS' many different
..
7 things are. I would imagine they have got a number of
Fr
.;
8 different enti ties that do different servicing tasks for
re
9 the lending and servicing industry, but directly no, I'm
10 not aware. su
11 Q So to be clear, you receive an e-mail from LPS 1
12 that has as an attachment to it a notice of default?

clo
13 A Yes.
14 Q That has names on that notice of default that
re
15 Ticor Ti tle does not have an agency relationship wi th

16 directly? I
Fo
1 7 A Correct.
18 Q Correct?
op
19 A Right.
St
20 Q And then you sign the notice of defaul t without

21 verifying the accuracy of any information in that notice
w.
22 of default and cause it to be recorded?

ww
23 A Correct.
24 MR. HAGER: Why don't we take a break. I have
25 one more document I want to ask about.

".".
Page 107
m
1 THE VIDEOGRAPHER: We're off the record now at
2 3:43.
co
3 (A recess was taken.)
4 (Exhibit 13 was marked.)
d.
5 THE VIDEOGRAPHER: We're back on the record now
au
6 at 3:49. Please go ahead.
7 BY MR. HAGER:
Fr
8 Q Thank you.
re
9 Directing your attention to Exhibi t 11. Is
10 that your signature on page 3?
su
11
12
clo
13
14
re
15 that Ticor Title has an agency relationship with?

Fo
16 A There are other agencies -- other clients as

17 well. LPS is by far the biggest.
op
18 Q And when you say there are other clients as

19 well, what other clients other than LPS does Ticor Title
St
20 have in connection wi th your signature on the these

21 notices of default?
w.
22 A The other ones are internal Fidelity companies.

ww
23 Q So other than your parent company, Fideli ty,

24 LPS is the only other client that Ticor Ti tle has an
25 agency relationship wi th?
i
Page 108
m
1 A Yes.
2 Q So all these other notices of defaul t other
co
3 than those that identify Fideli ty on them you received
d.
4 directly from LPS?
5 A Yes.
au
6 Q And you have never seen any document, for
7 example, that reflects that you have any authori ty to
Fr
8 sign on behalf of Housekey Financial Corporation;
re
9 correct?
10 A By that you mean me directly or Ticor Title?
su
11 Q Or Ticor Ti tle?
12
clo
A Nei ther, no.
13 Q And the same would be true as to T. D. Service

14 Company; correct?
re
15 A Correct.
Fo
16 Q LSI Title Company?

17 A Correct.
op
18 Q National Default Service Incorporation?

19 A Correct.
St
I
20 Q Chicago Defaul t Services?
i
21 Correct.
w.
22 Q Fairbanks Capi tal Corporation?

ww
23 A Correct.
24 Q Select Portfolio Servicing?
25 A Correct.
',.,. ',.,., ,
I:i
Page 109
m
1 Q You just sign these documents because LPS wi th
2 whom Ticor has a contract sends them to you and it's
co
3 your job at Ticor Title to sign whatever it is they
send; correct?
d.
4
5 A Correct.
au
6 Q Directing your attention to Exhibi t 12. Is
7 that your signature that appears on Exhibit 12 at page
Fr
8 2?
A Yes.
re
9
10 Q And the same question, there is no document su

11 that you're aware of that authorizes you or Ticor Ti tle
12
clo
to sign on behalf of Li tton Loan Servicing LP; correct?
13 A Correct.
14 Q Or LSI Title Company?
re
15 A Again the LSI/LPS relationship is different

Fo
16 than these other names that you're talking about.
17 Q Is that because --
op
18 A They are treated one and the same.

19 Q Oh, LSI and LPS in your view are one and the
St
20 same?
21 A Yes.
w.
22 Q Is LSI one of the document preparers for LPS?

ww
23 A I don't know their exact relationship other

24 than the fact that I understand they are related
25 parent-wise, subsidiary-wise, something like that.

:-,.:.", .-,.-, :-.,-- .- - :.- -:.-,.-.
Page 110
m
1 Q As to Quali ty Loan Service Corporation, you're
2 not aware of any document that reflects any authority
co
3 for Ticor Title to sign on behalf of Quali ty Loan;
correct?
d.
4
5 A No.
au
6 Q Or Li tton?
7 A Correct.
Fr
8 Q Directing your attention to Exhibi t 13. Is
re
9 that your signature on this document?
10 A Yes. su
11 Q And this is a legibili ty notice?
12 A Correct.
clo
13 Q And by signing this legibility notice what are

14 you wha t, if anything, are you agreeing to?
re
15 A Well, I'm using it to get a document recorded

Fo
16 that may have some text that may be faint or outside the \
17 boundaries or some minor detail like that.

op
18 Q Are you making any representations wi th regard

19 to any future actions or anything else relative to that
St
20 document?
21 A Not that I'm aware of.
w.
22 Q Let's take a look at the last sentence of the

ww
23 first paragraph. Therefore, pursuant to NRS 247.120

24 paragraph (3), the county recorder accepted the document
25 condi tionally, based on the undersigned's

,', .. ,,', " ,
Page 111
m
1 representation, 1, that a suitable copy will be
2 submitted at a later date; 2, it is impossible or
co
3 impractical to submi t a more sui table copy.
A Okay.
d.
4
5 Q By signing this document did you agree to that?
au
6 A I'm not aware of that particular detail in the
7 language.
Fr
8 Q But you are now, you just read it; right?
re
9 A Apparently so.
10 This is a document that gets used to facilitate
su
11 the recording of documents that may have minor issues
12 wi th them as far as recordable form.

clo
13 Q i understand.
14 It's a document that you sign in order to get a
re
15 document recorded and that you make certain

Fo
16 representations regarding what you will do or whether
17 it's impractical to submi t a more sui table copy; right?

op
18 A If that is what it says.

19 Q Have you ever made any attempt whatsoever to
St
20 submi t a sui table copy at a later date as stated in this
21 document
w.
\;
22 A No.
ww
23 Q -- after signing a legibility notice?

24 A No.
25 Q Have you ever made a determination after
~
Page 112
m
1 signing a legibility notice that it is impossible or
2 impracticable to submi t a more sui table copy?
co
3 A Phrase that again. Have I ever
d.
4 Q Look at what you promised here.
5 A I get the first part.
au
6 Q Now I'm asking about the second part.
7 A Have I ever done that?
Fr
8 Q Yes, ei ther of those two things?
re
9 A It's saying that I'm stating that it's
10 impossible or impracticable to submi t.

su
11 Q Yes.
Okay.
clo
12 A
13 Q Have you ever made -- taken any action
14 whatsoever to -- We have already established that you

re
15 have never submitted a suitable copy of it at a later

Fo
16 date.
17 A Okay.
op
18 Q Have you ever taken any action to determine
19 whether it's impossible..or impracticable to submi t a

_..L.;;r_~ ,~- ,
St
20 more sui table copy?

No.
w.
21 A
22 Q Now, by signing this you also say the

ww
23 customer -- You're the customer?

24 A I'm not sure what reference they're speaking
25 in.
Page 113
m
1 Q I don't want to burden you too much. It's only
2 one paragraph.
co
3 A Yeah.
d.
4 Q You have never read it before?
5 A Not in this detail.
au
6 Q Well, let's read it in whatever detail is
7 necessary to read a one, two, three, four, five, six,
Fr
8 seven line paragraph.
re
9 A Okay, let's do it.
10 Q Okay. su
11 In order to do it you will have to look at the
12 document, not at me.
clo
13 A You want me to read it? I'm wai ting for your
14 question. It appears that you're going to ask me

re
15 something. You want me to read it out loud on the

Fo
16 record or just peruse it as we si there? ..
17 Q Well, why don't you peruse -- Why don't you

op
18 read it for the first time.

19 MR. WARREN: Obj ection to the characterization 1
St
20 as being the first time. I'm not sure if that is
21 exactly what he said.

w.
22 THE WITNESS: No.

ww
23 BY MR. HAGER:
24 Q Well, have you read it before?
25 A Through the years I'm sure I have, you know,

'.'"',',,., ,',,'
Page 114
m
1 seen the document, read it. I haven't, you know,
2 recollected when or how many times.
co
3 Okay.
d.
4 Q So is it your understanding that this
5 legibili ty notice that you signed How many of these
au
6 approximately have, you signed?
7 A They're rare. Not very many.
Fr
8 Q Approximately how many?
re
9 A Between twenty and a hundred probably on the
10 lower end and that is in a time frame that is longer
su
11 than just, you know, the time I have been at Ticor Title
12 so
clo
13 Q Well, this one was signed when you were at

14 Ticor Title; right?
re
15 A Correct.
Fo
16 Q And this was attached to a notice of default;

17 right?
op
18 MR. WARREN: Obj ection.

19 THE WITNESS: I'm not aware of what it was
St
20 attached to. I assume, since it's in this discussion,
21 that that would be the case.

w.
22 BY MR. HAGER:
ww
23 Q Was it your understanding -- Tell me what you

24 understand this document to be -- the recorder to be
25 saying to you and you to be saying to the recorder by

Page 115
m
1 signing the document?
2 A We have used it traditionally to get documents
co
3 recorded that may have had minor flaws in them that the
d.
4 recorder found unacceptable for recordable form and they
5 almost always had to do wi th text imaging being too
au
6 light or text being in the wrong font, a notary stamp
7 overlying, you know, another part of the text, minor
Fr
8 issues like that.
re
9 Q Okay, now, you have just answered a question
10 about what you have used them for, which was not my
su
11 question at all.
clo
13 A It could be.
14 Let's rephrase your question so I can
re
15 understand it again.
Fo
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.
op
19 Q What do you understand the recorder was saying

St
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
w.
22 recorder by affixing your signature thereto?

ww
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- _ '.'.,'.,,':.,.;,::- "'.';','.,,." '.'.
Page 116
m
1 A Saying that we don't accept this document
2 because it has something that causes it to be not in
co
3 recordable form.
Q And then what were you saying back to the
d.
4
5 recorder by signing the document, A, that a more
au
6 suitable copy would be submitted at a later date; right?
7 A Correct.
Fr
8 Q Or it is impossible or impracticable to submi t
re
9 a more sui table copy; right?
10 A Correct. su
11 Q But that is not true, is it?
12 argumentative.
clo
MR. WARREN: Obj ection,
13 THE WITNESS: I wouldn't say that.

14 BY MR. HAGER:
re
15 Q Did you submi t a more sui table copy ever at a

Fo
16 later date?
17 A No.
op
18 Q Did you ever make any attempt whatsoever to

19 submi t a more sui table copy at a later date?
St
20 A Wel l, it also says impracticable. So that is
21 pretty broad.
w.
22 Q Did you ever make any attempt to ever submi t a

ww
23 more suitable copy at a later date?
24 A No.
25 Q Did you ever make any attempt to determine
.. "'.,
,-. ---- ---
Page 117
m
1 whether it was impossible or impracticable to submit a
2 more sui table copy?
co
3 A I would say sure, yes.
d.
4 Q Well, you said no before so now tell me what
5 your efforts were?
au
6 A Well, now that I understand the question in
7 detail better.
Fr
8 Q Okay.
re
9 A You have had time to study this little thing
10 apparently. So this is a nice surprise for me to --

su
11 Q Actually I have never signed one.
I'm not saying that.

clo
12 A
13 Q I just looked at it and I wanted to ask you
14 about it.
re
15 A Well, now that we're discussing it now I can

Fo
16 understand in a broader text what you're discussing.

17 Q So tell me about what efforts you undertook to
op
18 submi t a more sui table copy? I-
19 A Probably had made a decision whether it was

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20 possible to get one or not and that would probably be Ii

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21 it. I:
w.
22 Q And so what efforts did you undertake to obtain

I
ww
23 a more sui table copy?

24 A The effort of deciding whether it was practical
25 to get one or not.

'-",:'.;,.:--.'.. .:- ... ":::.-"',".'-:',';, ",.' ,,' ,','.,', ,,',',. ,., '" '.'.', ,,',
Page 118
m
1 Q And so tell me what did you in that regard?
2 A Reviewed the document and made a decision
co
3 whether it was practical to get another copy or not.
Q Okay.
d.
4
5 So what I'm trying to understand is, I mean
au
6 it's easy for me to sign something saying yeah, I will
7 bring in a more sui table copy or see if I can get one
Fr
8 and I can come back to my office and say I'm not going
re
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
su
11 this thing, or I can call the party that sent it to me
12
clo
originally and say can I get a better copy or I can
13 e-mail them.
14 Do you have any e-mails showing that you

re
15 attempted to obtain a more sui table copy in order to

Fo
16 satisfy what you promised the recorder?
17 A Not that I'm aware of.

op
18 Q So other than what you have characterized as

19 made a determination, which I'm assuming you have
St
20 thought is what you're saying about whether or not you
21 could get a more sui table copy?

w.
22 A Obviously reviewed the situation.

ww
23 Q And what does that mean?

24 A It means reviewed the si tuation.
25 Q Did you get back to the party who sent you the
Page 119
m
1 copy to see whether or not a more sui table copy could be
2 obtained?
co
3 A Depends on what the issue was probably.
Q Did you ever get back to the party that sent
d.
4
5 you the document to which you have signed a legibility
au
6 notice in order to determine whether or not a more
7 sui table copy could be obtained?
Fr
8 A Not to my recollection.
re
9 Q Did you report back to LPS, LSI or any other
10 company that had sent you a document that you had signed
su
11 a legibili ty notice in order to get --
clo
12 MR. WARREN: Obj ection, assumes facts -- Sorry,
13 finish the question. I thought you were through.
14 BY MR. HAGER:
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15 Q -- in order to get the document recorded that

Fo
16 they had sent to you?
17 MR. WARREN: Obj ection, lack of foundation,

op
18 argumentative, asked and answered, and relevance.

19 There is a representation on the floor that
St
20 this was attached to an NOD, yet there is no notice of
21
w.
default that's attached to it. There is no

22 documentation. There is no number. There is no
ww
23 identifying number. There is simply nothing to identify

24 this other than a document that has been signed by Mr.
25 Silva and the question's being posed what did you do in

1
~~
Page 120
m
1 this specific case.
2 MR. HAGER: Actually it wasn't, but let me make
co
3 so there is no question about that.
4 MR. WARREN: All right.
d.
5 BY MR. HAGER:
au
6 Q In any instance in which you signed a
7 legibili ty notice did you ever contact the party that
Fr
8 sent you that document and say I had to sign the
re
9 legibility notice because the document you sent me was
10 not recordable unless I did so?
su
11 A I would probably have in my time, yes.
12 Q And bye-mail?
clo
13 A Depends on what time frame we're talking about.

14 Q Any time frame, tell me one example?
re
15 A Well, I don't have any recollection of an

Fo
16 example. So I can't recall.

17 Q But you could produce one in between now and
op
18 the time of trial if I present to the jury this

19 testimony right now and you failed to produce one, then
St
20 that would show ei ther that you didn't look or there is

21 none; correct?
w.
22 A As far as producing a --
ww
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
Page 121
m
1 legibili ty notice promising in part that I would try to
2 obtain a more sui table copy?
co
3 A Not in recent history, no.
Q Ever?
d.
4
5 A In relevance to these foreclosures probably
au
6 not, al though they would have been aware of it because
7 after the fact they get e-mailed the document with this
Fr
8 notice behind it, and they -- I have had e-mail
re
9 responses saying, you know, what was thi sat tached for,
10 that type of thing. su
11 Q What was the policy, if any, at Ticor Title
clo
12 regarding any responsibili ty for you to comply wi th
13 ei ther obtaining a more sui table copy and submi t ting it

14 to the recorder as promised?
re
15 MR. WARREN: Obj ection standing.

Fo
16 There has been no evidence that he knows what
17 the policies are with regard to legibility notices.

op
18 MR. HAGER: You know, the best way is if I can

19 finish my question and then you can make an obj ection,
St
20 and he has worked there since 2007. So his answer is

ei ther going to be they had no policies or they had a
w.
21
22 policy or whatever.
ww
23 MR. WARREN: Ask if he knows the policies.
24 MR. HAGER: Could we have the question read

25 back?
Page 122
m
1 (The record was read by the reporter.)
2 MR. HAGER: Does that clear things up for you
co
3 as far as that I was asking what the policy was?
d.
4 MR. WARREN: It assumes that he knows what the
5 policies were. You asked what the policies are.
au
6 MR. HAGER: You know, in the interest of time
7 and not to deal with thi s, I don't know how to
Fr
8 characterize the objection, I'm going to ask this
re
9 employee of Ticor Title what the policy was at his
10 company wi th regard to this document that he executed.
su
11 MR. WARREN: You may answer, if you know.
12 MR. HAGER: And then after I finish my question
clo
13 you can make whatever obj ection you want to, but I'm not
14 going to starting asking about whether he knew generally
re
15 or specifics, do you know of any policies or whatever.

Fo
16 I'm interested in a particular policy. That is the way

17 these deposi tions work wi th an employee of a company.
op
18 BY MR. HAGER:
19 Q What was the policy at Ticor Title, if any,
St
20 wi th regard to your responsibility after you executed a

21 legibili ty notice on behalf of Ticor Ti tle to get a
w.
22 document recorded to see that you satisfied your promise

ww
23 to the recorder of either submi tting a more sui table
24 copy or determining whether it was impossible or

25 impractical to submi t a more sui table copy?
Page 123
m
1 A I'm not aware whether there is a policy or not.
2 Q Did your superiors at Ticor Title know that you
co
3 executed legibili ty notices?
A They're aware that those who record documents
d.
4
5 do execute them on occasion.
au
6 Q And on those occasions what was the policy at
7 Ticor Title with regard to the obligation, if any, for
Fr
8 an employee of Ticor Title to submi t a more sui table
re
9 document or determine whether that could happen?
10 A I'm not aware of whether there is a policy or
su
11 not.
Q When you say they are aware, who was aware at
clo
12
13 Ticor Title that legibility notices --
14 A The chain of command is aware that these

re
15 legibili ty notices exist and that they get used for the
Fo
16 purposes that -we use them for while recording.

17 Q And when you say chain of command you're
op
18 talking about Steve Stiller? I
19 A Schiller, yes.
St
20 Q Schiller, and Don Pauly?

A Correct. 1
w.
21
22 Q Anybody else?
ww
23 A There is another management personnel involved

24 as well nowadays.
25 Q And who is that?

I:
',.' ,,',',',',,',',,",' " ,',',',' ,.' .',' ',.','.'". '",.,,',' ,.,'
Page 124
m
1 A His name is Ron. It's pronounced Brazil, but
2 I -- It escapes me how to spell it at this moment.
co
3 Q It's pronounced Brazil like the --
A It's French.
d.
4
5 Q Brazil like the country?
au
6 A It sounds like that phonically, but it's not
7 spelled that way.
Fr
8 Q And when you say that they were aware that
re
9 these legibili ty notices are being executed by employees
10 of Ticor Ti tle, how do you know they were aware?

su
11 A It's standard knowledge that these exist. This
clo
12 document is downloaded from the county recorder's
13 websi te in a PDF format. People execute them and attach
14 them to documents to get them recorded.

re
15 Q And is it fair to say it's standard knowledge

Fo
16 that they are being executed and that is what is

17 necessary, as you put it earlier, to get it recorded and
op
18 then that is the end of it and nothing further be done?

19 A I'm not aware of what others do, onl y, you
St
20 know, the rare cases that I use them.
21 Q Well, in the cases that you use them, you

w.
22 really use them, based on what you have said, to get the
ww
23 document recorded and then that's that; right?
24 A Yeah, afterwards because there is not a maj or

25 flaw in the document.
Page 125
m
1 Q In your opinion and --
2 A Sure.
co
3 Q -- therefore you don't go about doing anything
d.
4 to submi t another document --
5 A No.
au
6 Q -- or trying to submi t another document or
7 anything else. I~1~ just to get the one --
Fr
8 A Generally.
re
9 Q -- that you presented recorded; right?
10 A Again generally speaking, yes.
su
11 Q Now Fideli ty, are there any documents at Ticor
Ti tle from Fideli ty that set forth the policies of Ticor
clo
12
13 Title?
14 A There may be. I'm not aware of them.
re
15 Q You have never seen them?

Fo
16 A I'm not aware of them.

17 Q Do people from Fideli ty come to Ticor Title and
op
18 do any instruction or anything like that?
19 A There have been a few personnel from Fideli ty

St
20 in various capaci ties, but I'm not aware of any

w.
21 particular pointed training sessions of that sort, no.
22 Q Have you had any training sessions since you

ww
23 went to work for Ticor Ti tle wi th regard to your

24 responsibili ties in connection wi th the execution of
25 these notices of defaul t?

Page 126
m
1 A No.
2 Have you been sent to any outside seminars or
co
Q
3 anything like that with regard to foreclosures and your
d.
4 company's involvement in the foreclosure process in
5 connection wi th LPS?
au
6 A No.
7 Q Have you had any training by LPS?
Fr
8 A No.
re
9 Q LSI?
10 A No. su
11 Q Is the only training you ever received from
12 your predecessor who told you to sign -- wri te the word

clo
13 agent after your name?

I
14 A In that regard, yes.
re
15 Q Well, in that regard as far as agent, but is it i

Fo
16 true wi th regard to your execution of these documents

17 that the only training and advice you ever received was
op
18 from your predecessor?

19 A In the big picture I don't qui te understand
St
20 necessarily the question. It's broad. Define training
21 a little better so I can understand as opposed to daily

w.
22 interaction and advice and counsel versus a formal

ww
23 training.
24 Q I mean it in the broadest possible sense. So
25 let me finish my question so we have a clean record.

,',' ,,' , ,,',",'., , ..'
Page 127
m
1 You have described to me, and it's the only
2 thing you have described to me that your predecessor
co
3 told you after you sign it to print your name and write
d.
4 the word -- and print the name -- word agent?
5 A Yes.
au
6 Q Now, you have never described to me that any of
7 these other people that you have just named in the chain
Fr
8 of command that you have named three of ever told you
re
9 anything wi th regard to these notices of default, and
10 you have explained to me that no one ever told you to

su
11 verify the accuracy of any statements in these notices
clo
12 of default.
13 So what I'm asking you now is other than this
14 advice from your predecessor to print your name and

re
15 wri te the word agent underneath your signature, has

Fo
16 anybody at Ticor Ti tle told you anything else with
17 regard to your execution of those notices of defaul t?

op
18 A Generally, no.
19 MR. HAGER: Thank you.
St
20 Nothing further.
21 MR. WARREN: No questions.
w.
22 THE VIDEOGRAPHER: We're going off the record

ww
23 now at 4: 14 p.m. This concludes the deposition.

24
25 --000--
'" " ',', ',. ,',',' ". - ' .: , - . '. -~--:--:-.
Page 128
m
1
co
3
d.
4
STANLEY SILVA
5
au
6
Fr
8
re
9
10 su
11 Subscribed and sworn to before me
this day of , 2011.
clo
12
13
14
re
15
Notary
Fo
16
17
op
18
19
St
20
21
w.
22
ww
23
24
25
Page 129
m
1 STATE OF NEVADA
ss.
co
2 COUNTY OF WASHOE
d.
4 I, JANET MENGES, a notary public in and for the
5 County of Washoe, State of Nevada, do hereby certify;
au
6 That on Tuesday, January 4,2011, at the hour of
7 1:09 p.m. of said day, at 245 East Liberty Street, Reno,
Fr
8 Nevada, personally appeared STANLEY SILVA, who was duly
re
9 sworn by me to testify the truth, the whole truth, and
10 nothing but the truth, and thereupon was deposed in the
su
11 matter enti tled herein;
clo
12 That said deposition was taken in verbatim stenotype
13 notes by me, a Certified Court Reporter, and thereafter

14 transcribed into typewri ting as herein appears;
re
15 That the foregoing transcript, consisting of pages 1

Fo
16 through 130, is a full, true and correct transcript of

17 my stenotype notes of said deposition to the best of my
op
18 knowledge, skill and ability.
19
St
20
21 DATED: At Reno, Nevada this 17th day of January, 2011.
w.
22
ww
23
24 JANET MENGES, CCR #206
25
Page 130
m
1 STATE OF NEVADA
ss.
2 COUNTY OF WASHOE
co
3
d.
4
5 I, , a
au
6 notary public in and for the County of
7 , do hereby certi fy:
Fr
8 That on the day of
9 , 2011, before me
re
10 personally appeared the wi tness whose deposi tion appears
su
11 herein;
12 That the deposition was read to or by the
clo
13 witness;
14 That any changes in form or in substance
re
15 desired by the wi tness were entered upon the deposition

I
Fo
16 by the witness;
17 That the wi tness thereupon signed the
op
18 deposition under penalty of perjury.

19 DATED: At this
St
20 day of , 2011.
21
w.
22
ww
23
24
25
, .,' .., ',,' ,,',,' "

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Jones v.

Wells Fargo Stanley Silva January 4, 2011

VIDEOTAPE DEPOSITION OF STANLEY SILVA

REPORTED BY: Janet Menges, CCR #206, RPR

8 For the Defendants: FIDELITY NATIONAL LAW GROUP

BILL STEPHENS, VI DEOGRAPHER

20 13 Legibili ty Notice 107

2 January, 2011, at the hour of 1:09 p.m. of said day, at

10 THE VI DEOGRAPHER: We're now on the record at

13 The caption of the case is Joseph Jones, et al,

15 This deposi tion is being taken on behalf of the

18 -=themselves and state the parties they represent.

19 MR. WARREN: Ronald L. Warren, Fidelity

20 National Law Group appearing on behalf of Stanley S.

22 MR. BENNER: Christopher Benner from Wright,

23 Finlay & Zak appearing on behalf of National Defaul t

13 Reporting at 1111 Forest Street, Reno, Nevada. Janet,

18 was examined and testified as follows:

20 THE VI DEOGRAPHER: Please proceed.

5 testifying in a court of law.

15 deposi tion the court reporter will prepare a transcript

16 of the testimony today, which will have my questions and

22 want to change your testimony.

23 Do you understand that?

10 Q And who is that attorney that represents you?

15 Q Was anyone else present when you met wi th

18 Q Who was present?

20 Q Who is your supervisor?

22 Q Was anyone else present besides you and

23 Mr. Schiller when you met with Mr. Warren?

3 thirty days by phone?

15 Q What documents did you review?

16 A The ones related to this case.

18 what are you talking about?

20 Q And I can keep asking and you can keep

23 A I f you -- The specific documents that are of

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

5 A Wel l, we looked at the deed of trus t . We

13 Q Did you look at any documents when you met wi th

16 Q Did you look at the notice of default?

20 Q So you looked at the deed of trust, the notice

22 A There were numerous documents in the package

23 that I might have glanced at.

24 Q And when you say in the package, were these

15 A El Dorado High School.

22 Q Did you obtain a degree from UNR?

13 A Let's see, high school. Right after high

15 school which was at a gas station.

16 Q Doing what at the gas station?

18 Q Were you the manager of the gas station?

20 Q What job did you hold after working at a gas

22 A Then I got a job at a ti tle company.

23 Q What title company?

5 Silverado Ti tle Company?

13 Q When was that?

15 Q When was that?

16 A Wha tever the time frame was.