Free Brief in Support of Motion - District Court of Colorado - Colorado

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

Document 339-37

Filed 01/31/2006

Page 1 of 5

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IN THE UNITED STATES DI STRICT COURT

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FOR THE DISTRICT OF COLORADO

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CAMILLE MELONAKI S-KURZ,

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et al.,

Plaintiffs,
vs.
HEARTLAND HOME FINANCE, INC.,

CASE NO. 03-MK-2485

Defendant.

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(c~lPY

Deposi tion of DEAN ROHRER, Plainti ff

herein, called by the Plaintiffs for direct
examination pursuant to the Rules of Civil
Procedure, taken be fore me, Kathy S. Wysong, a

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Notary Public in and for the State of Ohio, at the offices of Mike Mobley Reporting, Inc., 334 South
Main Street, Dayton, Ohio, on Tuesday, January 10,
2006, at 8: 29 a.m.

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

Document 339-37

Filed 01/31/2006

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Dean Rohrer 1/1 0/2006

Camille Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.

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1

Q.

And I know you said that you had

2 other acti vi ties tha t you would be invol ved

3 wi th your -- was it chi ldren or grandchildren?
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A.

Sometimes.

I f the grandkids had

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something to do.

But most of the times that

6 was ei ther Friday night or Saturdays, Saturday
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afternoons.
Q.

Basketball, Little League.

Did you coach any of their teams?

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A.

No.

Haven't coached since my son

10 was about eleven years old.
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14
Q.

Did you coach basketball or did

12 you coach Little League?
A.
Q.

Baseball and football.
How many grandkids do you have?
I've got -- by my first wife I

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A.

16 have fi ve grandsons ranging from twenty down to
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four mon ths .

And then my wi fe, we have

18 there we have -- she has three children, seven
19 grandchildren, one great grandchild.
Six girls

20 and one boy. My great grandson is a boy.

21 Q. I'd say between the girls and the
22 boys, it's a lot of Little League and -23
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A.
Q.

Uh-huh.
-- ice-skating or ballet?

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A.

We've got a set of six year old

Paradigm Reporting & Captioning Inc. 612-339-0545

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

Document 339-37

Filed 01/31/2006

Page 3 of 5

Dean Rohrer 1/10/2006

Camile Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.
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1 granddaughter twins, they are in -- I don't 2 know if you call it the cheerleading where they
3 do pyramids, and it just scares me to death to

4 watch them.
5

Q.

Now, when you were working at

6 Heartland, were you able to get out to see some

7 of the Little League games or the cheerleading

8 or basketball, things like that?
9

A.

Saturdays and Sundays.

Saturdays

10 was baseball and soccer and then Sundays was

11 football.
12
Q.

And I know that you said when we

13 were talking about sort of how you worked your

14 schedule, you said that if there were things

15 you needed to do, you'd get those done, and I
16 was wondering if you might be able to explain
17 to me what you -- what you meant by that.
18

A.
leads we had.

Calls.

Calling people from the

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Talking to them.

And then find

20 out what they wanted to do, what they wanted to

21 accomplish, pull credit, take a credit
22 application, pull credit, and then we get

23 agreed upon the price and the fees, and then
24 order appraisal and FedEx the documents out to

25 them and then follow up with a call, make sure
Paradigm Reporting & Captioning Inc. 612-339-0545

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

Document 339-37

Filed 01/31/2006

Page 4 of 5

Dean Rohrer 1/1 0/2006

Camile Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.
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1 they got it and answer any questions they have.
2 Have them FedEx it back to us, and by tha t time
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have an appraisal going at the door.

And then

4 the appraisal come back in and then submi t the

5 package together with the income, W-2s, any
6 bankruptcy statements, divorce decrees, child
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decrees for child support, alimony.

Make sure

8 we have a full packet, give it to the
9 processor, and then send it off to the bank.
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12
Q.

Okay.

Tell me -- you know, you

11 said that at the very beginning you'd sort of
find out what they wanted to accomplish.
How

13 did you go about doing that?
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A.

Well, the company would give us

15 the leads from telemarketing, from the company

16 they own as a subsidiary, and the telemarketer
1 7 would open the door for us and then we'd follow

18 up with a phone call to see what they wanted to
19 accomplish, how soon they wanted to get it
20 done.
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And

then by asking
an

tha t,

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sure you're get ting some spread off of it, if not, fees because everybody wanted to do it for nothing and you can do it the easy way or the hard way.
make a

--

-- get

and then

interest,

make

Paradigm Reporting & Captioning Inc. 612-339-0545

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

Document 339-37

Filed 01/31/2006

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Dean Rohrer 1/10/2006

Camille Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.
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1 You can ei ther pay the fees up front and be
2 over wi th it or take -- bump the ra te by one or

3 two points and pay on it for as long as you

4 have the loan.
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Q.

Now, how did you decide sort of

6 which way to go on that, I mean, in other
7 words, wi th the spread or wi th the fees? Wha t

8 would you look at to determine which way the -9 you know, what would either be better for this

10 customer or how to respond to what it was that

11 they wan ted in terms of spread or fees?
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A.

Well, if they didn't like the
If they didn't like the

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fees, they'd tell you.

rate, they'd tell you.

They wanted to know if

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there was any points.

So then you'd have to

16 figure out how you're going to get the money
1 7 because we average somewhere around thirty-two

18 to thirty-six hundred dollars in fees per loan.

19 That's a combination of fees and spread.
20
Q.

And so would you then decide sort

21 of how to put that deal together in terms of
22 what would be appropriate and what the customer

23 would be willing to accept, is that how that
24 worked?
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A.

Well, we was always told sell the

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