My Own Fraudclosure Story... to be continued

I was given a Loan Modification by Indymac bank in 2008 and then after my hard earned tax money (and yours) enabled One West Bank to take over Indymac through the well known BAILOUT my loan modification was revoked and I was placed in foreclosure. I have since sent in 4 loan modification packages only to receive a denial letter by One West Bank that states they cannot grant me a loan modification because the “Owner of my Loan” does not participate in the HAMP program. I find this odd since One West is listed on the HAMP programs list of servicers. I guess this is their way out of their commitment by moving accountability for denial over to the owner of the note therefore leaving One West blameless for breaching their contract with the Government for the HAMP program.

Since One West Bank is listed as the Plaintiff in my foreclosure and yet they are admitting they DO NOT own my note this led me into doing some research. I was being foreclosed on by a servicer (One West) that admits they are not the note holder…. hmmmm something is not right here would you agree?

The first thing of research was the Assignment of my property (Note) which names the assignee as Indymac Bank FSB ( An alias name for One West) then after doing some research I discover the owner of my note is neither One West Bank nor Indymac Bank FSB. Hmmmm I am starting to smell something fishy!

It gets better…

I demanded my original note in Court and the Attorney for One West produced a copy of the assignment that lists the Alias Indymac Bank FSB as the Assignee. The Judge was satisfied with this copy of the assignment to the Alias for the Plaintiff who has no legal standing to foreclose on my since they have admitted they are not the owner of my loan and that was the end of the investigation as to who owns my note…. Can someone say ROCKET DOCKET?

I sent a letter to my Elected Officials and the Senator for my district and after receiving a letter from One West stating they could not modify my loan due to their contractual agreement with the “OWNER” of my loan he simply said there was nothing more he could do. Thank you Mr. Senator for absolutely nothing!

I had a Forensic Loan Audit done on my loan that resulted in Multiple TILA Violations among other violations. I was therefore entitled to a three year right of rescission. I executed my rescission before the deadline in an effort to get One West to work with me and my rescission was basically thrown out of Court. I demanded a Trial by Jury which I was robbed of when the Judge signed off on Summary Judgement in spite of all of the evidence provided during my Court appearances.

In the meantime One West Bank keeps sending me Loan Modification applications both certified and regular mail as they are sending me denial letters due to their “Contractual Agreement with the OWNER of my loan”. One day a loan modification application and another day a denial letter…. Obviously the right hand has NO idea what the left hand is doing.

I have attempted to hire an Attorney to represent me however I cannot find one here in NJ that “GETS IT!”. A few have told me that I do not have big enough pockets to fight this, most have told me to file bankruptcy (using their firm of course) and basically give up. I say HELL NO! Since I cannot find a competent NJ Attorney I have been representing myself Prose for almost 3 years now. YES! three years I have been in foreclosure and still fighting. Hopefully one day I will find an Attorney who “GETS IT” and wont charge me my entire mortgage balance to represent me. Until then I must keep fighting!

This is my story as I sit somewhere in the foreclosure Court waiting my turn behind the thousands of other homeowners who are literally being screwed over by their bank. I am sure my story is like many others here in America. I am being ROBBED of my right to a trial by Jury, My Constitutional right to own property in America is being taken away! My rights are being violated and I am being stripped of my freedoms in this Country. In the meantime my credit is destroyed, my credibility is damaged, I am being robbed of time and quality of life and neither the Courts or the Government is doing anything.

It’s time for a REVOLUTION here in America. A time where the people take back America, take back our homes and our rights as Americans!

For information on bank fraud, current foreclosure issues and to join us in our efforts to speak out against foreclosure visit my website homeownerrevolution.com