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| One West Bank Loan Modification Fraud Pasadena, Nationwide |
| 28th of Nov, 2011 by User618889 |
| One West Bank, Fannie Mae and MERS Defendants v Brown Motion to Dismiss DENIED. First Circuit Court State of Hawaii Honorable Judge Bert I. Ayabe sees the validity of our complaint Civil no. 11-1-0941-05. Perhaps my being in compliance and current on my modification with One West Bank and the concurrent sale of my mortgage to Fannie Mae for $10 in Texas didn't sit right with the judge. It doesn't pass the smell test. My attorney Dubin Law / Frederick Arensmeyer successfully argued (1) Breach of contract, (2) cancellation under the Federal-Truth-in Lending Act (TILA) (3) unfair and deceptive acts and practices and (4) quiet title for wrongful foreclosure, to the judges satisfaction to allow our lawsuit to continue. No small feat when you are up against these huge government backed institutions. This judge shows the courage, insight and compassion to allow David to face Goliath. So many have been denied their 5th amendment rights being stripped of their property never to have their day in court. I wonder if the judge had seen this video with regard to the obscene deal One West struck with the FDIC. Some of the details are explained very well in this short video: http://youtu.be/UlEZDDwKv7o This deal is worthy of a Congressional Hearing. http://youtu.be/UlEZDDwKv7o “I have never seen a fraud scheme that was so extensive, so pervasive, and had so many different areas of fraud throughout the machine. I have yet to see a single aspect of the banking industry that does not have fraud in it,†said Nevada Deputy Attorney General John Kelleher. ONEWEST BANK, F.S.B. V DRAYTON – BROOKLYN JUDGE ARTHUR SCHACK IS A LOCAL HERO, DECISION CASTS LIGHT ON FRAUDULENT MORTGAGE PAPERWORK The self-described “little judge from Brooklyn†has dismissed another foreclosure case, this time in favor of an East New York homeowner who did not even have a lawyer. Schack ruled Thursday that California’s OneWest, the last of several banks that relied on an admitted “robo-signer†to transfer the $492,000 mortgage on Covan Drayton’s Hemlock St. home among them, failed to prove it even owns the property in question. http://4closurefraud.org/2010/10/27/onewest-bank-f-s-b-v-drayton-brooklyn-judge-arthur-schack-is-a-local-hero-decision-casts-light-on-fraudulent-mortgage-paperwork/ Read more: http://www.businessinsider.com/judge-slams-indymac-cancels-defendants-mortgage-2009-11#ixzz1eiXancWZ Judge Slams Indymac, Sets Aside Defendant's $292,500 Mortgage Judge Jeffrey Spinner said that it became clear to the court at a September 2009 settlement conference -- one that had been postponed five times due to Indymac's failure to "cooperate" -- that Indymac "had no good faith intention whatsoever of resolving this matter in any manner other than complete and forcible devolution of title..." Read more: http://www.businessinsider.com/judge-slams-indymac-cancels-defendants-mortgage-2009-11#ixzz1eiYA3O00 Fletcher v One West Bank Case 1:10-cv-04682 In the United States District Court for the Northern districtof Illinios Pg. 8 line 24 24. IndyMac has routinely failed to live up to its end of the TPP Agreement and offer permanent modifications to homeowners. In February 2010, the U.S. Treasury reported that IndyMac’s parent company had 112,200 HAMP-eligible loans in its portfolio. Of these loans, just 3,087 were granted permanent modifications (approximately 2.75%) even though many more homeowners, including Plaintiff, had made the payments and submitted the documentation required by the TPP Agreement. 25. By failing to live up to its obligation under the TPP Agreement, IndyMac is leaving homeowners in a complete state of confusion regarding the status of their homes and is preventing homeowners from pursuing other avenues of resolution, including using the money they are putting towards TPP payments to fund bankruptcy plans, relocation costs, short sales or other 5 The eligibility criteria for HAMP, as well as the formula used to calculate monthly mortgage payments under the modification, are explained in detail in SD 09-01. Generally speaking, the goal of a HAMP modification is for owner-occupants to receive a modification of a first-lien loan by which the monthly mortgage payment is reduced to 31 % of their monthly income for the next five years. http://www.abbeyspanier.com/images/Complaints/indymac-complaint.pdf IndyMac/OneWest Bank Denied Bid to End HAMP Class Action Lawsuit Memorandum opinion and order: http://blog.abbeyspanier.com/2011/07/21/indymaconewest-bank-denied-bid-to-end-hamp-class-action-lawsuit/ Click end of second paragraph in red |
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Subject: FAMILY ON THE EDGE LOOSING OUR HOME !
Please also review what a friend has achieved and we are in the same exact boat.
http://www.foreclosurehamlet.org/forum/topics/davies-v-deutsche-bank-9th-circuit-court-of-appeals-all-documents?xg_source=activity
Please don’t let them take our home ! PLEASE !
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FYI:
Just another Family of four losing the American Dream
Top of the evening to you and I don’t know if it is good news or bad but I found out they sold my home and don’t know if putting my wife on title and her filing chapter 7 to protect both my wife from the liability and STOP the sale of the home. BK 7 happened a day before the sale. Two days for the recorded title.
Of course I let correspondence notification with One West Bank the day before and no communication with the two representatives yesterday and team leader and or manager was informed prior to the sale today this morning @ 8:45 11/17/2011. “ SOLD IT ANYWAY !! “
When I contacted the bank and said they would escalate the stoppage by needless to say I will not sleep tonight as the contact at One West did not call be back.
Well all along know they was postings and or proof of services in almost all of the three years we have been fighting to save our home. But they have always stated not to worry “ Were there for you and will help ““ SOLD IT ANYWAY !! “
The guy shows up on the Sunday, the week of Thanksgiving to offer us “ Cash for Keys “ grrrrrrrrr so I send him away with soda pop / string cheese and with all our love and paperwork and share the was sold in violation of the BK 7 stay.
We have a IndyMac / One West Bank Robo~Mers signed loan and over three year been promised not to worry they were there for our family of 4 with two small children and only to be taken into the deep financial waters of no return. " THEY KNEW IT " and never offer us anything. Let along served us any of the foreclosure paper work. Posted on our door or otherwise. We wake to find out it going to auction. Since the beginning they share how much they were there to help and every time at the same time we would find out almost on the same day we would get going to auction.
We have lost all faith and in deep depression on a home we have been in for 12 years and wanting to raise our children.
Faithfully making payments and the taxes for 8 of those 11 years.
Now all we have is a home falling with faulty plumbing ~ electrical issues ~ termite infested home.
We are lost and feel like we will lose this home for sure. I don't know if anyone can help but we are willing to do whatever it takes.
Thank you for your time and consideration.
Brian, Natthacha, Christina Marie ( 4.4 yr ) & Lalana Marie ( 1.2 yr ) Bolton
P.S. PLEASE NOTE OUR FATHER ALSO HAS A COUNTRY WIDE LOAN / BANK OF AMERICA LOAN WE ALSO BELIEVE IT WAS COMPORMIZED WITH FRAUDLUANTE ACTIVITIES
( 714 ) 608~2330
email: [email protected]
This guy is amazing:
http://www.foreclosurehamlet.org/forum/topics/davies-v-deutsche-bank-9th-circuit-court-of-appeals-all-documents?xg_source=activity |
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| OMG HEARING THIS STORY TERRIFIES ME. BESIDES THE FACT THAT WE FILED CHAPTER THIRTEEN WITH 100% PAY BACK THIS IS EXACTLY WHAT WE ARE GOING THROUGH. SAME AMOUNT OF TIME. I THOUGHT WE WERE IN THE CLEAR HAVING BEEN GRANTED PERMANENT MODIFICATION 4 MONTHS AGO. SO FAR SO GOOD! I KEEP GETTING CALLS FROM BUSINESS TELLING ME THERE IS A SALE DATE. FOR OUR HOUSE . WHEN I LOK INTO THIS HORRIBLE NIGHTMARE ( POSSIBILITY) I FIND NO SALE DATE. MY MOTHER IN LAW IS A REALESTATE BROKER SO SHE HONSTANTLY CHECKS THE FORCLOSURE RECORDS THROUGH THE COUNTY. I HAVE TO RESPESCT YOUR SELF CONTROL AS I HAVE WENT BERZERK ON INDYMAC/ ONE WEST MANY TIMES. I DID NOT CATCH THEM POSTING ON MY FRONT DOOR MY MOVE OUT OR RENTAL OPTIONS I WOULD PROBABLY BE IN JAIL. I WAS HOME BUT NEVER WAS THERE A KNOCK OR DOOR BELL, CHICKEN $%&# JERKS... I SUGGEST CONTACTING VS LEGAL CENTER OUT OF SAN DIEGO, CA. VERY HONEST AND REALLY WORK HARD FOR THE CONSUMER. I HAVE NO PESONAL TIES OR ANYTHING TO GAIN FOR THE REFERRAL. THIS IS WHO I WILL CONTACT IF EVER NEED BE. I DON'T EVEN LIVE IN SD... BEST WISHES, REMEMBER BOYCOT DELL!!! |
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