Free Response to Motion - District Court of Colorado - Colorado

Case 1:03-cv-02485-MSK-PAC

Document 345-5

Filed 02/16/2006

Page 1 of 4

Scott i. Alawan 10/27/2005
Camile Melonakis-Kurz, et al v. Heartland Home Finance, Inc.

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO

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4 CAMI LLE MELONAKI S - KURZ ,

5 Individually and on behalf 6 of other similary situated

7 employees,
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8 Plaintiffs,
vs.
Case No. 03-MK-2485

10 HEARTLAND HOME FINANCE, INC.,

11 Defendant.
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The Videotaped Deposi tion of SCOTT I. ALAWAN

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Taken at 30800 Telegraph, Suite 2925,

Bingham Farms, Michigan,
Co mm en c i n gat: 8: 0 7 a. m . ,

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Thursday, October 27, 2005,
Be fore Nora Morr is sy, RMR, CRR, CSR-2 642 .

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Case 1:03-cv-02485-MSK-PAC

Document 345-5

Filed 02/16/2006

Page 2 of 4

Scott i. Alawan 10/27/2005
Camile Melonakis-Kurz, et al v. Heartland Home Finance, Inc.

Page 11

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ini tial documents and get any documents that we would

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need, pay stubs, mortgage statements, insurance

statements.
Q.

How did you learn how to fill out the application wi th
the customer?

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A.

From other people.

From ei ther Fred or people would

help me in the office and kind of learned as you went.
Q.

By other people, do you mean other loan officers?

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A.
Q.

Yes.
Do you mean senior loan officers or other loan

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officers?
A.
Q.

Both.
When you would meet wi th a borrower, where would you
meet wi th them?

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A.
Q.

Ei ther in the office or we would go to their home.

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What would you talk about?

A.

We would go over what program, you know, best suited
them and if it sounded good and --

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Q.

How would you determine what program best sui ted them?
By their credi t and what their current, you know,

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A.

status was as far as their current mortgage, if they

were just lowering their rate or if they were looking

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Q.

to consolidate bills.
Now, how did you learn how to make that determination?
How did I learn how?

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A.

Case 1:03-cv-02485-MSK-PAC

Document 345-5

Filed 02/16/2006

Page 3 of 4

Scott i. Alawan 10/27/2005
Camille Melonakis-Kurz, et al v. Heartland Home Finance, Inc.

Page 12

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Q.

Uh-huh. When you would meet wi th them and you would
decide -- you'd talk about what program was the best for them, how did you learn how to decide or to

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determine or recommend what program was the best for

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them?
A.

I had always been in finance, sales.

So, I could -- I

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would add up their debts and see what would be best
for them.

I had worked in finance before, banks and

basically they would kind of tell us what they were
looking for, you know, could you do this, could you
get me this type of rate.
Q.

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So, are you saying basically from your past experience and then also from what the customer would tell you?

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A.
Q.

Yes.
Was it always your goal to help the customer find the
program that best sui ted them?

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A.
Q.

Yes.
Other than talking wi th the customer about what

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program best sui ted them during your meeting, did you

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A.
Q.

talk about anything else?

No.
And then wha t would you do?

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A.

Turn the file into the processing department and order
the appraisal.

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Q.

Did you select who did the appraisal?

Case 1:03-cv-02485-MSK-PAC

Document 345-5

Filed 02/16/2006

Page 4 of 4

Scott i. Alawan 10/27/2005
Camile Melonakis-Kurz, et al v. Heartland Home Finance, Inc.

Page 33

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A.

I think sometimes I did but just because -- it wasn't

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-- it was not really -- they didn't really seem to
really care how sloppy these sheets were done.

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I mean we were just kind of throwing

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numbers up there and at end of the week, we'd add them
up, oh, that's 44 or whatever it says knowing that we
were trying to keep it close to 40.
Knowing that we

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were there way more but it didn't really matter what

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we put down because she told us you're not going to

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get paid anyway, you are get t ing your draw and that's
it, and that's why we didn't understand why they were
making us record our hours.

Basically they said if

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you don't have at least 40 showing, then we won't pay
you your draw.
Q.

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Did you ever complain to anyone that you were working
10 to 15 hours over this 40 that you were supposed to

be shooting for?
A.
Q.

No.
Did you feel it was possible to do your job within 40

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hours?
A.
Q.

Yes.
Why didn't you?
Why didn't I

A.
Q.

I'm sorry. I f you could get your job done in 40 hours, why didn't

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you do your job in 40 hours instead of 50 or 55?