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:
This deal is worthy of a Congressional Hearing.
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 Californias OneWest, the last of several banks that relied on an admitted robo-signer to transfer the $492,000 mortgage on Covan Draytons 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 IndyMacs 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
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