Complaint Review: OneWest Bank

Indymac offered me a trial modification for my mortgage, upon my request. I was to make 3 payments by cashier check to a specific address. I did. 

There months later I was sent a Final Mortgage Modification which effectively saved my home. I signed it and sent it back to them within the time they requested and to the address they specified. This was in December of 2008. 

After over a year of making my payments religiously, never late, and always by cashiers check, and always to the same address, OneWest Bank foreclosed on my property and took my home. I was never even given notice of the foreclosure! In fact, i continued to make payments to OneWest Bank for 2 months after they took title which i they accepted and never returned. 

I am suing them! I placed a lis pendans on the title of the property and have, since 2009 still involved with the litigation against OneWest Bank. 

They claim that, in September of 2009 they offered me a Condition Forbearance Agreement, which i signed. They sent me the Conditional Forbearance Agreement without my requesting it, and even though i was fully performing on the Final Modification I received in 2008. They claim that i didnt qualify for the government program and therefore under the Conditional Forbearance Agreement, they had the right to foreclose. 

Lets see how the court feels about this!? So far, they have made 5 motions to dismiss this case and the judge has rejected them all. Now, we are going to trial.