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

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

Document 339-19

Filed 01/31/2006

Page 1 of 4

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

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CAMILLE MELONAKI S-KURZ, )

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employees, )
of other similarly

individually and on behalf) situated)
Plaintiffs, )
) )
)

vs.
INC. ,

No. 03 - MK - 2 4 8 5

HEARTLAND HOME FINANCE,

)
) )

Defendant. )
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CC~

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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 of December, 2005, between the hours of 3: 12

17 of100 18 Suite
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16 ELLEN L. STOCK, RMR

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
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

22 Taken on behalf of Plaintiffs pursuant to Notice to
Take Deposi tion.
23
'f24 ,$'25

21 of Kansas.

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

Document 339-19

Filed 01/31/2006

Page 2 of 4

Terence Gunn 12/6/2005

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

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A.
Q.

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Ab 0 u t 5 5 .

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Okay. What was your typical weekly

s chedul e?
A.
9 : 30 some

15:15:14 15:15:15 15:15:16

to 7:30 Monday through Friday. 15:15:27

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And Saturday we would show up, say, nine

0' clock to one 0' clock.
Q.

Nine o'clock to one o'clock on Saturdays?

A.
Q.

Um-hum.

Urn-hum.
I need make sure
I forgot to

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Okay.

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remind you 0 f thi s when we started -- tha t

you answer verbally with yes or no rather
than using urn-hum.

A.
Q.

Yes.
Okay.

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A.
Q.

Thank you.
Did you typically take a lunch?

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15:15:33 15:15:40 15:15:43 15:15:44 15:15:46 15:15:49 15:15:52 15:15:52 15:15:53 15:15:53 15:15:53 15:15:56
15:16:05 15:16:09 15:16:10

A.

No. Most of the time I would have lunch at 15:16:00

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my desk.
Q.

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Okay. And when you ate lunch at your desk,
were you still working?

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';, ;o

A.
Q.

Yes. 15:16:10
And ls your 55 hour per week estimate based 15:16:14
on the schedule that you just gave me?
Approximate -- yes.

A.
Q.

15:16:17 15:16:18

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Okay. Did you keep any sort of time sheets
Paradigm Reporting & Captioning Inc.

612-339-0545

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

Document 339-19
Terence Gunn 12/6/2005

Filed 01/31/2006

Page 3 of 4

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

59
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credit, and go through the bills and -- how 16:35:51

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did you know what it was that the customer i s 16: 35: 53

goals were? 16:35:54
A.
Q.

How did we know?

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

A.

Q.

Well, did customers have different goals or

desires?
A.
Q.

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

16:35:55 16:35:56 16:35:58 16:36:00 16:36:04 16:36:04 16:36:05 16:36:08 16:36:10
16:36:14 16:36:16 16:36:21 16:36:26 16:36:29 16:36:31 16:36:32 16:36:34 16:36:35 16:36:39 16:36:40

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A.

Well, you interview with the customer. When 16:36:13
you talk wi th the customer on the phone.

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When you call the lead that Heartland

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Q.

provided. Whether it was Internet lead or
telemarketing lead.
And then would there be different programs
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 adjustable.

Different

Paradigm Reporting & Captioning Inc. 612-339-0545

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

Document 339-19
Terence Gunn 12/6/2005

Filed 01/31/2006

Page 4 of 4

Camile Melonakis-Kurz, et al. v. Heartland Home Finance, Inc.
60

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scenarios.
Q.

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Okay.

So if someone wanted to consolidate,

would there be a di fferent type of product

that would tend to be better for them?
A.

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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

16:36:44 16:36:48 16:36:50 16:36:51 16:36:54 16:36:57 16:37:00

preferred rate.

If it wasn't a great score, 16:37:03

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then they would probably look at a

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non-conformant loan.
Q.

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

A.

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FICO score?
Q.

I'm familiar with it, but we need to
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.
Origination fees was something that --

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tha t 's the onl y way we got paid.

So we had

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to try to establish whatever fee we felt,

you know, from the customer -- that you had
a good feel from the customer that they

16:37:06 16:37:08 16:37:10 16:37:13 16:37:14 16:37:16 16:37:18 16:37:30 16:37:33 16:37:36 16:37:36 16:37:39 16:37:41 16:37:44 16:37:45 16:37:48

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would pay.

It's the only fee we got

Paradigm Reporting & Captioning Inc.

612-339-0545