Posted on 18 December 2010.
Q. But, for example, looking at this assignment,
document, isn’t the signer, Bethany Hood, attesting to
the fact that MERS wants to assign the Deed of Trust to Indymac Federal Bank?
MR. SPOONMORE: That’s a
mischaracterization, I object. Bethany Hood isn’t
representing; MERS is representing. That’s a gross
misinterpretation of the document.
MS. HUELSMAN: No. Ms. Hood is signing on
behalf of MERS; therefore, she is making an affirmation
on behalf of MERS.
MR. SPOONMORE: MERS is making the
MS. HUELSMAN: She’s making it on their
MR. SPOONMORE: Yeah, as MERS is the one
making the affirmation.
Q. So could you please answer the question,
A. MERS is making the reaffirmation.
Q. Mr. Allen, you’re not allowed to parrot
your attorney’s response. Please-
MR. SPOONEMOORE: He’s-
MS. HUELSMAN: –answer–
MR. SPOONMORE: –answered your–
MS. HUELSMAN: –the question.
Are you coaching him, Mr. Spoonmore?
MR. SPOONMORE: No. I’m saying the
premise of your question-
MS. HUELSMAN: well-
MR. SPOONEMOORE: –is–
MS. HUELSMAN: –a speaking–
MS. HUELSMAN: –objection is providing
your client with an answer –your client with an
answer to a question, and that’s improper.
MR. SPOONEMOORE: Well, and a misleading
legal premise to your question is clearly
objectionable, because this client is not an attorney.
When you represent Mr. Hood is representing, that is
a gross legal mischarachterization of this document. I’m
allowed to correct that.
MS. HUELSMAN: Well, I disagree. When
people sign documents in their capacity as alleged
officers of the company, they are, in fact, making a
If MERS can figure out how, as a corporation,
which doesn’t exist except on paper, it can can sign
documents itself, then, in fact, it can say it’s
doing so without the assistance of a person.
MR. SPOONEMOORE: Legally it is MERS making the representation. People are authorized to sign on behalf of MERS. That doesn’t make them making the representation; it makes MERS making the representation.
Q. Okay. So when did MERS tell Ms. Hood that
this is what it wanted to do?
A. I would think within the –when granting the
Q. No. When did MERS specifically say to
Bethany Hood, We want to assign our interest in the
Deed of Trust referenced herein to IndyMac Federal
Bank? When did that occur?
MR. SPOONEMOORE: Counsel knows very well
that MERS can operate through counsel, which is their
agent. Again, you’re asking misleading questions of
this witness, and you know it. You know that MERS’s
counsel made this request, and that an agent of MERS.
MS. HUELSMAN: Well, then, you can explain
to Regional Trustee why they they violated their duty to-
to the Deed of trust doc by acting on behalf and as an
agent for somebody when they’re suppose to be acting
as a neutral in conjunction with a foreclosure sale.
Is that your representation, Counsel?
MR. SPOONEMOORE: That’s not us. You can
go after who ever you want, but as far as what we’re
doing, you’re way off base here.
Q. When did MERS give instruction to Bethany
Hood to assign this Deed of Trust? Whether it came
through Regional Trustee or Santa Clause, I don’t care.
When did MERS give this instruction to Ms. Hood?
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