Free Response to Motion - District Court of Colorado - Colorado

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

Document 345-16

Filed 02/16/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

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3 CAMILLE MELONAKIS-KURZ, )

7 HEARTLAND HOME FINANCE, )
Defendant. )

5vs.) No. 03-MK-2485 6 ) INC. , ) 8 )
4 of other similarly situated)

employees, )
)

individually and on behalf)
Plaintiffs, )

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10
VIDEOTAPED DEPOSITION OF TERENCE GUNN,
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12 produced, sworn, and examined on Tuesday, the 6th

13 and 5: 33 in the afternoon of that day at the

day 0 f December, 2005, between the hours of 3: 12

offices of Jay E. Suddreth & Associates, 10104 West 14 105th Street, in the City of Overland Park, County of Johnson, State of Kansas, before: 15

17Suite 100 of 18
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16 ELLEN L. STOCK, RMR

Certified Shorthand Reporter

JAY E. SUDDRETH & ASSOCIATES, INC.
10104 West 105th Street

19 Overland Park, KS 66212-5746
a Certified Shorthand Reporter in and for the State

21 of Kansas.
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22 Taken on behalf of Plaintiffs pursuant to Notice to
Take Deposi tion.

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

Document 345-16

Filed 02/16/2006

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credi t, and go through the bill sand -- how

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did you know what it was that the customer's
goals were?

A.
Q.

How did we know?
Um - hum.

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A.

From pulling their credi t report. And you
add up how much they're spending.

Q.

Well, did customers have different goals or

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desires?
A.
Q.

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Yes.
Okay.
What sort of -- first off, how would
you know what their goals or desires were?

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A.

Well, you interview wi th the customer.
you talk wi th the customer on the phone.

When

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Q.

When you call the lead that Heartland

provided.

Whether it was Internet lead or

telemarketing lead.
And then would there be di fferent programs

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depending upon what their needs were?
A.
Q.

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Yes.

Can you give me some examples of wha t those
would be?

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A.

Needs vary.

Some of them may want to

consolidate.

Some want -- probably want to

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get on an adj ustable.

Different

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

Document 345-16

Filed 02/16/2006

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scenarios.
Q.

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Okay. So if someone wanted to consolidate,
would there be a different type of product
that would tend to be better for them?

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A.

No. Just what we had to offer. You know.
Everything was score driven. If they had a
great FICO score, they would probably get a

preferred rate. If it wasn't a great score,
then they would probably look at a

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non-conformant loan.
Q.

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Okay. What's a FICO score? What's that?
I'm sure -- you're not familiar wi th the

A.

FICO score?
Q.

I'm familiar wi th it, but we need to

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establish for our record what that is.

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A.
Q.

A FICO is your credi t score.
Now, what about in terms of establishing,

like, origination fees. How did you go

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about doing that?
A.

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Origination fees was something that --

tha t 's the only way we got paid. So we had
to try to establish whatever fee we felt,
you know, f rom the cu s tome r - - that you had

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a good feel from the customer that they

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would pay. It's the only fee we got