Complaint Review: OneWest Bank FSB And IndyMac Mortgage Services - Pasadena California

Where do I start with IndyMac and now OneWest Bank FSB. --- Let's see.. First off let me start by stating that I am under Foreclosure and I am fighting OneWest Bank FSB and IndyMac Mortgage Services because of all the FRAUD that I have discovered they have committed.

I too was in the process of doing a Loan Modification' that lasted well over 9 months. It actually started with the reduced payments' (of about $300) even before IndyMac was taken over by the FEDS and became IndyMac Federal Bank. I had been trying to modify my loan as my income decreased do to the economy. First, IndyMac Bank FSB lost my paperwork,so, according to them I had to start a new modification' in order to be back up for acceptance. That was about 3 months lost right there.. Then, as I was asked the questions once more via the telephone for a new Loan Modification' it kind of became obvious to me that the level of professionalism did not exist in this company.

IndyMac closed its doors and opened the next day as IndyMac Federal Bank. Well, I thought that this would be a blessing, but it turned out to be another nightmare. After trying to reach someone in the Loan Modification' Department for almost a week of calling everyday and getting the same message, over and over again stating that, all the customer representatives are currently busy, please try your call again later', I finally got through and spoke with a woman.

She stated that they had lost more than half of their reps' and they were swamped. I asked to check on my Loan Modification' and she could not find any comments or applications that this was previously. I explained about making the application over the phone and said that I would have to do this again as she had no record of any Loan Modification'. There went another 3 months. Well, I very patiently answered all the questions once more with her.

This time I was asked to send them a letter explaining the situation and that I was being set up once more on the Reduced Payments' for another 3 months. This would show that I can make the payments and give them time to set up the Loan Modification' with the Investor. I thought this was excellent and this actually showed some promise of being routed to the proper individual(s) for approval.

Behold, in October of 2008 I received a package in the mail with Loan Modification Papers' - - I was ecstatic. The papers required for me to send IndyMac Federal Bank a check for $1087.00, along with the signed copy of the new modification and a signed copy for them to obtain last years tax return. All this was sent back to them in the envelope they provided, with the check and the signed forms. The new payments had been reduced to about $1606.00 per month and I was to start making these NEW payments in November 2008. - -

IndyMac Federal Bank cashed my $1087.00 check and I thought this was behind me now. - - - But, not so fast.. I made my November 2008 payment and my December 2008 payment and the IndyMac website was not updating the new terms.

I called and kept getting the run around. You know the game passed on to another representative that puts you on hold for at least 10 minutes. Then you have to explain the whole situation to this new Customer Service Representative' with another hold and transfer to someone else. After doing this for over 2-1/2 hours I finally got someone that told me that they were behind on their website updates as a lot of people were let go and to please have patience. I took that as an honest answer and made my January 2009 payment.

I kept calling to try to get an answer to this update when out of the blue I got a call from an IndyMac Representative who informed me that I was more than 10 months behind on my payments and that they required me to pay over $21,000.00 to bring the account current. I asked this representative about all the payments I had made and where did they go. He very bluntly stated that this was not his concern and that I had to pay up or he would send the account to foreclosure. - - I got upset as I thought this matter was behind me, but obviously not according to IndyMac Federal Bank and its Customer Service Representatives'. I called back a week later and was now told by this male representative that my money had gone into an 'Escrow Account' and that they would make a payment in full once they had enough money in the 'EscowAccount' to do so. This operation will always keep me in 'arrears' and it raised a red flag for me. Can they really do this? Even though these new payments were set by IndyMac? Is it a set up to FAIL no matter what?

So, I hired a Law Firm out of California to deal with IndyMac Federal Bank. They started their communications with IndyMac and kept me abreast of what was going on every week. All of a sudden my wife was served with a Foreclosure Summons from OneWest Bank FSB. Who were they? - - This while under negotiations with IndyMac and my lawyers. When my lawyers asked about the Foreclosure Papers, IndyMac responded not to worry about that that this would get resolved with a loan mod and that IndyMac was now part of OneWest Bank FSB. - -

At this point I did not see any point of going on with this Law Firm out of California since they would not be able to represent me in my State and they did not do Foreclosure Law. This is where it starts getting good. Now that you have the whole understanding of how this Foreclosure' came about. - - -I started to read LAW. Everything that I could get my hands on pertaining to Foreclosure and Contract Law. I stayed up until 4:00am reading cases and outcomes. I started to understand how BANKS really operate. What actually happens to the majority of the NOTE's that one signs when buying a home and how those funds are actually generated.

Folks, let me tell you. It Is Not What You Think It Is.. Fraud has been committed. One example of this fraud is that you were never told that the BANK really didn't lend you any of their money. But I bet that if you look at your NOTE, you'll see something to the effect of In return for a loan that I have received - - what loan? The BANKS are not allowed by Federal Law to lend you any of their money.

So where did this loan come from? The answer is short and sweet. It came from YOU. When you signed the NOTE, you originated that amount from your signature. So why do the BANKS do this? Because they have a way to monetize and collateralize this NOTE you just signed and sell it. Yes, sell it. They can cash it in and actually get real money (FRN's) for that NOTE. Don't take my word for it. Start doing your own research on this and you will find out yourself what is true and what is not.

I have been lied to by IndyMac Bank and now OneWest Bank FSB is trying to take a house that has been paid for a long time ago when I signed that NOTE. They are actually trying to get paid twice for the same thing and this is called double-dipping.

By the way, I told you that I am fighting OneWest Bank FSB and IndyMac Mortgage Services. I have so much evidence of FRAUD that I am being selective as to what I am going to do a counter-suit on. IndyMac has even denied my rights to Discovery sending me a letter stating that my request go well beyond what is required to be produced and will not be provided. Well, guess what OneWest Bank and IndyMac (along with MERS) and the Law Firm that OneWest Bank has hired to foreclose???

I have canceled, voided and removed all Power of Attorney' that I granted you when I signed the NOTE. I was the only signor and granted you those powers. I placed you as Trustees' to handle any matters related to this alleged Loan'. But seeing that there is FRAUD being committed I can no longer be part of such said FRAUD and wrongful actions' involving said NOTE. You and your assignees, successors, beneficiaries, etc., no longer have any LEGAL AUTHORITY to do anything with my property, as it has already been payed for once.

As I granted you these powers I have also removed them. Anything you do now after NOTICE will have grave consequences on your end via counter-suits, seizing of Bonds, seizing of Property, Liens, fines by the Courts for perjury and fines or possible imprisonment by the I.R.S. CID (Criminal Investigation Division) for not notifying me or them when you sold or CASHED IN my NOTE.

Also, a word of 'thanks' to the Local Law Firm for perjuring yourself by stating on the Summons that the Plaintiff (OneWest Bank FSB) was not in possession of the NOTE and that Plaintiff could not reasonably obtain possession of said NOTE as it is lost, stolen or destroyed. Then after I filed my 'Motion to Dismiss" based on the facts you stated on the Summons, you and the Plaintiff produced the NOTE. But, my 'thanks' is really for producing this instrument (NOTE) and the stamp found underneath my name that happened after my signature stating the following:

"Pay to the order of Without Recourse IndyMac Bank, F.S.B. By: Gail Doyle First Vice President"

Anonymous

Anonymous, Florida

U.S.A.