BANK OF AMERICA DEPOSITION RENE HERTZLER- I SIGN DOCUMENTS BUT DON’T READ THEM

6 Q. And you signed this affidavit.
7 A. Correct.
8 Q. Did you read it before you signed it?
9 A. No.
10 Q. You did not.
11 A. No.
12 Q. Is there a particular reason why you didn’t
13 read it?
14 A. I typically don’t read them because of the
15 volume that we sign. And we have the Power of
16 Attorney and also the Corporate Resolution.
17 So part of the process is that we don’t
18 read them before we sign them.
19 Q. You don’t read them, meaning affidavits?
20 A. Documents.
21 Q. Documents.
22 A. Correct.
23 Q. Any documents.
24 A. Correct. We have a team of people who screen them for us and prepare them for us to sign.
2 Q. So you’re in the habit of signing documents
3 without reading them.
4 A. That’s correct.
5 Q. Including this affidavit.
6 A. That’s correct.
A. “That I am the Vice President of The Bank
13 of New York Mellon, formerly known as the Bank of
14 New York as Trustee, for the Benefit of the
15 Certificateholders, CWABS, Inc., Asset-Backed
16 Certificates, Series 2007-5ES, Series 2007-5.”
17 Q. Is that statement true?
18 A. No, but I have the Power of Attorney as a
19 vice president.
20 Q. So it’s false?
21 A. I’m a vice president of Bank of America,
22 but I have the Power of Attorney –
23 Q. I didn’t ask you if you had a Power of
24 Attorney. The statement in Paragraph 1 is you’re a
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1 vice president of the Bank of New York Mellon. And
2 I’m asking you if that statement was true.
3 A. No, I’m not a vice president of Bank of New
4 York.
5 Q. Have you ever been a vice president of the
6 Bank of New York?
7 A. No.
8 Q. So it was false when you signed it.
9 A. Yes.

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