Other cases to note using “Declarations of Charles Boyle” were also:

In re: DOBLE | CA BK Judge Rips Deutsche, MERS, LPS System & Multiple “True & Correct” Copies of Note

IN RE ARIZMENDI | CA Bank. Court Denies Stay, Order to Show Cause “Contempt, Sanctions, (2) ONEWEST Notes; 1 Endorsed, 1 Unendorsed” “MERS Assignment”

amongst others…

~

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON AT SEATTLE

___________________________________________________________

JAMES MCDONALD,

                Plaintiff,       CASE NO. C10-1952RSL

 v.

ONEWEST BANK, FSB; NORTHWEST

TRUSTEE SERVICES, INC.;          

MORTGAGE ELECTRONIC

REGISTRATION SYSTEMS, INC.;

INDYMAC BANK FSB; DOES 1-50,

___________________________________________________________

VERBATIM REPORT OF PROCEEDINGS

BEFORE THE HONORABLE ROBERT S. LASNIK

UNITED STATES DISTRICT JUDGE

JANUARY 31, 2013                                  9:00 A.M

PROCEEDINGS

________________________________________________________________________

<EXCERPT>

46

THE COURT: Okay. Mr. Boyle, do you still have the plaintiff’s exhibit that Ms. Dao gave you? Look at the last page of the note on that one and compare it to the last page of the note in Exhibit 1.

Do you see how the signature line, “Pay to the order of without recourse” has moved from the far left on one document, and it’s on sort of the center right on the other document?

47

THE WITNESS: Yes, I see that.

THE COURT: Do you have any explanation for how that might have happened in the copying, or anything like that?

THE WITNESS: I don’t know.

THE COURT: Okay.

MS. DAO: Thank you, Your Honor.

Q (By Ms. Dao) So your testimony is that Exhibit 1 is a true and exact copy of the original note, as you’re sitting here on the stand today?

A Yes. That was my testimony in the declaration.

THE COURT: You looked at it yesterday. Do you remember where this line was?

THE WITNESS: No, I didn’t compare the two.

THE COURT: Counsel, as an officer of the court, could you represent to me where the signature is on the original?

MS. VACURA: Yes, Your Honor.

THE COURT: It’s on the center right?

MS. VACURA: Yes.

MS. DAO: Thank you, Your Honor.

76

Q (By Ms. Dao) We have discovered today that there are two versions of the original note. Are you now aware of that?

THE COURT: Well, you can leave the preamble out. You’re talking about the last page in the moving —

MS. DAO: Yes.

THE COURT: Okay. Do you have any explanation for that?

THE WITNESS: I know that in certain cases at origination there’s a copy of the note that’s made. You know, there’s several copies of the original note that are made, and sometimes, you know, it can be endorsed.

What I know is that the original note that Deutsch was holding was the one that we produced as the correct and true copy.

THE COURT: With the center right signature?

THE WITNESS: Yes, correct.

Q (By Ms. Dao) So you really can’t account for — well, let me ask you this question: Can the court be assured that whenever there’s a document that has been represented either by you or by your counsel that it is a true and exact copy, the court can rely upon that representation?

A Yes.

MS. DAO: Nothing further, Your Honor.

THE COURT: Anything else further for this witness?

MS. VACURA: No.

Transcript of the evidentiary hearing in federal court

—

and the 2 versions of the indorsements are also attached below.

[ipaper docId=127032362 access_key=key-1k7ljw5he5klg59569r9 height=600 width=600 /]

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