Y’all remember Cheryl Samons from the now destroyed David Stern Law firm, right?
Well, here we introduce Patricia Arango of Marshall C Watson…
Attached is the Arango deposition and exhibits. To help you all sort through it all, below is a summary of some of the high points:
MS. ARANGO’S TESTIMONY CONTRADICTS CONGRESSIONAL TESTIMONY OF MERSCORP PRESIDENT:
On the MERS website (as well as a Congressional website), you can find the testimony of MERSCORP, Inc. President and CEO, R.K. Arnold. http://www.mersinc.org/files/filedownload.aspx?id=668&table=ProductFile
In this testimony before the House Subcommittee on Housing and Community Opportunity, Mr. Arnold states:
To be a MERS certifying officer, one must be an officer of the member institution who is familiar with the functions to be performed, and who has passed an examination administered by MERS.
First, Ms. Arango is obviously not an officer of the “member institution” which would be the bank:
Q. Okay. Are you now or have you ever been –
17 strike that.
18 Are you now an officer or director of
19 Countrywide Home Loans?
20 A. No.
21 Q. Have you ever been an officer or director
22 of Countrywide Home Loans?
23 A. No.
(p. 6) Note that the corporate resolution she is relying on is signed by Arnold’s underling William Hultman, (Senior Vice President and corporate secretary of MERS, see http://www.mersinc.org/about/exec.aspx) which appoints employees of Marshall C. Watson, P.A. as officers of MERS. (see Corporate Resolution, Exhibit 1 to the deposition, attached). Note also that the appointment was as to loans shown to be registered to Countrywide Financial Corporation. The assignment that Ms. Arango executed, however, was from MERS, as nominee for Countrywide Home Loans, Inc. (Exhibits 4 and 7, attached). Second, Ms. Arango never took any examination to become a signing officer for MERS:
Nor is Ms. Arango herself or her law firm a “member” of MERS:
1 Q. All right. Are you a member of MERS?
2 A. No.
3 Q. Is your law firm a member of MERS?
4 A. No.
(p. 8) So her testimony contradicts Arnold’s testimony that a certifying officer must be an officer—or even an employee—of a member institution.
11 Q. Okay. Did you have — did you have to take
12 any training from MERS or some other entity to qualify to
13 be an assistant secretary or agent for them?
14 A. I don’t — no, I didn’t.
15 Q. How about any type of testing or
16 certification, exam, anything along those lines?
17 A. No.
(p. 10)
Clearly this contradicts R.K. Arnold’s testimony—and even though she is the “assistant secretary” of MERS, Arango doesn’t even know who Arnold is and has never even heard of him. (p. 75-76). She was asked about her specifically about Arnold’s testimony:
3 Q. If [Arnold]stated that in order to be a
4 certifying officer and sign an assignment on behalf of
5 MERS somebody needed to pass and complete an examination,
6 is that something that is familiar to you?
7 A. It’s not familiar to me, no. I don’t know.
8 Q. Okay. That was not something that you had
9 to do.
10 A. I did not do that.
So we can only draw two conclusions, either: 1) R.K. Arnold testified falsely to the House Subcommittee (or MERS only recently changed the rules to be a certifying officer, in which case he still misled the committee by implying that that has been the standard all along); or 2) Ms. Arango is not an official certifying officer of MERS—which would invalidate hundreds, if not thousands of assignments.
Read on.
Full Deposition of Patricia Arango of Marshall C Watson
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