Kimberly Dawson Deposition

1) State your name and dob

2) Do you understand that you are under oath and therefore anything you say
can and will be used in a court of law

3) Are you now or have you ever been an attorney

4) How long did you work for or have you worked for Countrywide

5) Get example of Signature and current date from Mrs. Dawson

6) Get example of date xx/xx/2009

7) Why was no date placed on the ‘Transfer of Mortgage’ at the time it was
completed

8) Why was no date placed on the certification of the ‘Transfer of Mortgage’ at

the time it was completed

9) What titles have you held with relation to MERS

10) What titles did you hold on xx/xx/2009 with relation to MERS

11) What titles did you hold on xx/xx/2009 with relation to Countrywide

12) How many other titles did you hold on xx/xx/2009 (example: 1st Officer
of x system, attorney, etc)

13) How did you become 1st Vice President of MERS

14) Who appointed officers of MERS at Countrywide

15) Is it correct that MERS acts as nominee of the owner of the note and
that MERS does not own notes? Do you then transfer loans within MERS from
the owner or from the nominee?

16) What happens to notes that MERS acts as nominee for when the
company they are acting as nominee for goes out of business if MERS does
not own them and is only a nominee

17) Would it be true that a company that is a member of MERS would no

longer be a member of MERS if they go out of business

18) When did AHM go out of business and cease operations

19) What authority would you have as a 1st Vice President of MERS to
transfer mortgages from a non-member of MERS to Countrywide

20) In MERS v. Girdvanis Jr. you filed an affidavit with the court stating that
by way of Corporate Resolution you were a Vice President or Assistant
Secretary of MERS.

21) In response to Defendant’s request from Countrywide a copy of such a

Corporate Resolution showing the dates and authority granted you they
responded that they weren’t sure such a Corporate Resolution ever existed
granting you authority to be a 1st Vice President of MERS. Given your
company says you were never granted such authority, how do you now claim
that you have such authority.

22) How many persons at Countrywide were officers of MERS on

xx/xx/2009

23) Who tracked how many persons at Countrywide were officers of MERS
at any given time

24) What authority was granted you when you became 1st Vice President of
MERS and how was that authority granted

25) According to MERS v. Girdvainis Jr. and according to MERS own

documentation 1st Vice Presidents and Assistant Secretaries have authority to
examine loan records, confirm loan balances and execute lien releases for
loans serviced by the member companies, but nowhere is it stated that 1st
Vice Presidents or Assistant Secretaries have authority to Transfer Mortgages,
so by what mandate or appointment do you claim you have that authority

26) Having the supposed authority to be a 1st Vice President of MERS,

MERS documentation states again that you would have authority to examine
loan records, so had you examined the records regarding this loan you would
have seen that the mortgage was transferred to BOA in 2005, so how then
did you determine that the Mortgage became the property of Countrywide

27) How was your range of authority and/or responsibilities as it pertains to

MERS explained to you

28) How was your authority as it relates to MERS transferred from

Countrywide to BOA

29) Are you currently a 1st Vice President of MERS

30) How does someone stop being a 1st Vice President of MERS? When
does that authority end?

31) On what date did you become the 1st Vice President of MERS?
32) What training did you receive to perform the duties as 1st Vice
President of MERS

33) In MERS v. Girdvanis Jr., paragraph 14, you stated that you relied on
the advice of attorney Robert C. Byrd in executing a previous affidavit, and
that neither he nor you appreciated at the time the distinction between
owning the note and mortgage as opposed to being the mortgagee of record
as nominee for the owner and holder of the note. Do you know fully
understand that distinction now? Could you explain it, please?

34) How and when does the previous lender get paid for the mortgage
when countrywide buys it in cases where MERS is only the nominee for the
owner and holder of the note?

35) Does MERS ever receive monies as payment for notes and/or
mortgages?

36) Explain how a loan is transferred from another lender to Countrywide

within MERS

37) What is the procedure for reverting a loan back to a company that was
transferred to Countrywide in error

38) What safeguards were or are in place to keep someone from messing
up loans within the MERS system, say if they went crazy and wanted to mess
things up or simply gain ownership of notes and mortgages that don’t belong
to them (i.e. their company)

39) What is an MIN

40) How long is an MIN

41) What is an MIN used for?

42) Aren’t MIN’s placed on documents processed on behalf of MERS to

show that MERS agrees with the transfer and/or document in question or is it
so the document can be traced back to what loan within MERS it belongs?

43) What documents does MERS require you to place their MIN on? Does
MERS not in fact require it to be placed on all documents pertaining to MERS

44) Why was there no MIN placed on the ‘Transfer of Mortgage’ in question

45) Are you the one that physically went into the MERS system and
transferred the loan in question from the other lender to Countrywide or from
MERS to Countrywide? Was the transfer from the other lender to
Countrywide or from MERS to Countrywide?
46) From what company did you transfer the loan in question from? MERS
or AHM?

47) How many loans were transferred from American Home Mortgage to
Countrywide within MERS

48) How many loans did you personally transfer from American Home
Mortgage to Countrywide within MERS? Have you ever made a mistake?

49) What training did you receive to perform the duties as 1st Vice
President of MERS

50) At the time a loan is transferred from a lender to Countrywide, how

does the amount owed get determined, at the time, and to whom is it
payable? The owner of the mortgage or MERS?

51) Was a written ‘Transfer of Mortgage’ completed for all loans that were
transferred to Countrywide at the time they were transferred (get detailed
info as to when and how and when written transfers occurred)? What kinds
of documents are involved? Are there receipts?

52)How where master servicers, servicers, sub-servicers, contingency servicers, back-

up servicers or special servicers for the underlying mortgage debt tracked within
MERS

53) Why was, the loan in question, transferred to BOA in 2005?

54) Why aren’t there any stamps on the note showing BOA was ever a holder of
the note in question?

55) Why does the loan in question not show that it was transferred to
Countrywide within the MERS system?

56)Is this loan subject to any Electronic Tracking Agreement? If the answer is yes, then
state the full names of the Electronic Agent and the full name of the Mortgage
Electronic Registration System.

57)How are physical Notes and Mortgages pass from one holder to another

58)What version of the mortgage electronic registration system procedures manuals did
you go by on xx/xx/2009

59)What version of the MERS procedures manual do you go by now

60)What is an LSAMS Transaction History Report

61)Was or is the mortgage in question part of a Mortgage Warehouse Loan

62)Was or is the mortgage in question part of a Whole Loan Sale Agreement

 63)How much consideration was paid to MERS for the note and/or mortgage in question
(see exact wording from ‘Transfer of Mortgage’

64)How was consideration paid to MERS for the note and/or Mortage

65) At what time in the process was the consideration paid to MERS for the
note and/or mortgage in question

Bring MERS document provided, showing BOA was transferred mortgage

within MERS system in 2005.

Bring Transfer of Mortgage provided (both: blank date / one stamp and filled
date / three stamps).

Bring copy of MERS v. Girdvanis, Jr.

Request for Admission 1: When asked to admit that they knew that according to
“Merscorp, Inc. Rules of Membership: Each Member, at its own expense, is
supposed to cause MERS to appear in the appropriate public records as the
mortgagee of record with respect to each mortgage loan that the Member registers
on the MERS System.” Plaintiff responded that MERS was named as the nominee
for the originator, American Home Mortgage.

Yet

Request to Admissions 2: When asked to admit that they did not cause MERS to
appear in the appropriate public records as the mortgagee. Plaintiff responded:
Denied.

In response to Request for Admission No. 8 when asked to admit that you know that
one of among other things that MERS requires for an assignment or conveyance to
be valid is that the 18 digit mortgage identification number (“MIN”) be placed on
the cover page (or first page if there is no cover page) of all assignments,
conveyances or re-conveyances. Plaintiff admitted that they are generally
knowledgeable of the MERS rules of membership and that on the mortgage that is
subject to this action, in which MERS as nominee for American Home Mortgage is
named as the mortgagee, there is an 18 digit number on the front page of said
mortgage. However, the plaintiff ignored the fact that the question is referring to
assignments, conveyances or re-conveyances and that the ‘Assignment of
Mortgage’ that the Plaintiff provided does not contain a MIN anywhere on it. Further,
Plaintiff admitted in request for admissions no. 13 that the ‘Assignment of
Mortgage’ did not contain a MIN.
In response to Requests for Admission No. 10 and 11 Plaintiff Denied that Kimberly
Dawson had no authority to sign the ‘Assignment of Mortgage’