Exhibit 15 — Whistleblower Affidavit (Redacted):
Affidavit of Whistleblower from Clayton + Watterson Prime (Mortgage Due Diligence Firm) in Ambac vs. EMC:
…Many of my colleagues at Clayton also lacked underwriting experience and a number of them had held no previous positions in the mortgage industry. I noticed that many senior Clayton employees, such as Deb Medina, hired many of their family members to work as due diligence underwriters, even when they had no experience in the mortgage industry.
…Because of the time pressures, however, many due diligence underwriters at both Clayton and Watterson entered information directly from the loan application (also known as the “1003 form”) or underwriting worksheet (the “1008 form”) without verifying the information by examining supporting documentation. This was known as “1008 underwriting.” In addition to the time pressures, another reason that many Clayton and Watterson due diligence underwriters engaged in 1008 underwriting was because they lacked the experience to question the information on these forms.
In fact, Clayton leads instructed us not to question what was on the 1008 form: “The loan’s already closed. You can’t do anything about it at this point.” I received similar instructions from leads at Watterson, who often told us: “It’s closed. Just approve it and move on, They’re already in the house.” From these instructions, I understood that Clayton and Watterson supervisors wanted me to approve loans without questioning any inaccuracies or departures from the underwriting guidelines.
As a result, due diligence underwriters like me knew that we could avoid having supervisors examine our work so long as we graded the loans as 1s. If we graded loans as 2s or 3s, quality control personnel and leads scrutinized our work and, oftentimes, publicly berated us for assigning that grade. Deb Medina, a Clayton lead, frequently yelled at due diligence underwriters for grading loans as 3s in public. Watterson leads instructed us, “Pass the loan and keep it moving.” By this I understood that I was supposed to approve loans and could quickly move on to the next loan.
Clayton and Watterson leads instructed us to avoid grading loans as 3s. This was true for numerous clients, but especially true on Bear Stearns jobs… due diligence underwriters at both Clayton and Watterson often used the phrase “Bear don’t care.”
…I frequently reviewed loan files that contained documents that appeared to be fraudulent. For example, I reviewed many pay stubs that I believed were fraudulent because they were obviously altered. When I raised this issue to leads at Clayton, they instructed me: “This is not fraud review. Just take it from there.”