Free Motion to Compel - District Court of Federal Claims - federal

Case 1:93-cv-00655-MMS

Document 177-11

Filed 12/07/2007

Mulholland, Kerry

Washington, DC

November 16, 2007

Page 1 of 5 EXHIBIT J

Page 1
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

- - - - - - - - - - - - - x ANAHEIM GARDENS, et al., Plaintiffs, V. THE UNITED STATES, Defendant. : : : : : No. 93-655 C

- - - - - - - - - - - - - x ALGONQUIN HEIGHTS, et al.,: Plaintiffs, V. THE UNITED STATES, Defendant. : : : : No. 97-582 C

- - - - - - - - - - - - - x Deposition of KERRY MULHOLLAND Washington, D.C. November 16, 2007 9:39 a.m.

Reported by:

TRISTAN-JOSEPH, RPR

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Case 1:93-cv-00655-MMS

Document 177-11

Filed 12/07/2007

Mulholland, Kerry

Washington, DC

November 16, 2007

Page 2 of 5 EXHIBIT J

Page 70
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 program? A. Well, you'd have to ask the selecting I didn't ask to go

official that sent me there. there. Q.

Did you ever talk to any mortgagees

about the Preservation Program and what they were or were not able to approve for an Owner? MR. HARRINGTON: You can answer. THE WITNESS: If somebody called me up Objection. It's vague.

and asked me about the 241 program, the 241(f) program, then, from a mortgage credit standpoint, I would have talked to them about the 241(f) program. BY MS. ZIARNO: Q. What about if a mortgagee had a question

about whether or not an Owner could prepay their mortgage? A. question. Q. Are you aware of any properties that I don't remember ever getting that

were ever permitted to prepay their mortgages under Title II or Title VI and terminate their

Henderson Legal Services 202-220-4158

Case 1:93-cv-00655-MMS

Document 177-11

Filed 12/07/2007

Mulholland, Kerry

Washington, DC

November 16, 2007

Page 3 of 5 EXHIBIT J

Page 71
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 what? That's where the Preservation Office headquarters -A. Well, that's where -area. Q. If it were in '94, before your acting affordability restrictions? A. I had heard about one project in

Saint Louis which I don't have any details. Q. A. When did you hear about that? In '95, '94, somewhere in that general

director position, would that have come out of perhaps one of the preservation working group meetings you were talking about? A. I honestly can't say. You know, six

floors is a small place, you know, a lot of people over the years and people talk. a general all conversation. It could have been

It could have been at

one of those, or it could have been when I was actually the director and somebody mentioned it to me. Q. The reference to the sixth floor is

Henderson Legal Services 202-220-4158

Case 1:93-cv-00655-MMS

Document 177-11

Filed 12/07/2007

Mulholland, Kerry

Washington, DC

November 16, 2007

Page 4 of 5 EXHIBIT J

Page 72
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Q. A. located -Q. A. Q. Okay. -- which would include preservation. You'll have to forgive me. I've -- were located? That's where Multifamily Housing is

actually never been to HUD. Do you recall the context of why the Saint Louis prepayment was even mentioned? A. Well, what I recall is somebody was And they I don't

unhappy about it, and they prepaid. wanted to do something else with HUD.

remember what they wanted to do, whether it was to come in and refinance their project or they decided to change their mind, and everyone wanted to come back in and get preservation incentives, something along those lines. Q. The somebody who was unhappy was that

somebody at HUD was unhappy with a prepayment or somebody on the other side of the deal was unhappy with the prepayment? A. I don't know who was unhappy. You'd

Henderson Legal Services 202-220-4158

Case 1:93-cv-00655-MMS

Document 177-11

Filed 12/07/2007

Mulholland, Kerry

Washington, DC

November 16, 2007

Page 5 of 5 EXHIBIT J

Page 73
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 said? A. Q. A. Right. Okay. But again, I don't know whether she had ask? A. Let's see. There is still a mortgage have to find somebody who has some familiarity with the project. Q. A. How would I do that? That would be a good question since this The senior management in the

has been a long time.

Saint Louis office has been removed, retired. Q. Anybody you can think of, of who I would

credit examiner who probably was there around that time, who may or may not remember. I don't know

whether she had any dealings with preservation. Q. A. What's her name? It used to be Sue Warner. It's Sue --

or is it still Sue Warner? Q.

Yeah, yeah, Sue Warner.

And she's a mortgage credit examiner you

any dealings with preservation. Q. Understood.

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