Pro Se Litigant Proves OneWest Misrepresentation

BMcDonald
kickthemallout.com
bruce@kickthemallout.com
66.243.194.229

I’ve been fighting OneWest Bank since August of last year here in Colorado. In Colorado they have nonjudicial foreclosures and the laws as so totally banker-biased it’s insane. All the bank has to do is go to the public trustee with a note from an attorney who “certifies” that the bank is the owner of the loan. What they don’t tell you is the bank has to go before a judge and get an order for sale in a 120 hearing. Most only find out about it at the last minute and don’t even show up because the only issue discussed is whether a default has occurred or not.

I discovered however that if you raise the question of whether the foreclosing party is a true party in interest or not, the court has to hear that as well. I raised that issue and demanded the bank produce the original documents and endorsements or assignements. The judge only ordered them to produce originals, which they did.

Long story short, I managed to hold them off for seven months after hiring an attorney. I found a bankruptcy case from CA in 2008 in which IndyMac produced original documents and ended up having to admit they didn’t own them. I had a letter from OneWest that only stated they purchased servicing rights. I had admissions from the bank’s attorney that there were no endorsements. And at the last minute I discovered the FDIC issued a press release in response to a YouTube video that went viral over the sweetheart deal OneWest did with the FDIC. The FDIC stated in their press release that OneWest only owned 7% of the loans they service. I presented all this to the judge but he ended up ignoring it all and gave OneWest an order to sell my home, which they did on the 4th.

About a week before the sale I went directly to the FDIC and filed a FOIA request for any and all records indicating ownership rights and servicing rights related to my loans and gave them my loan numbers. I managed to get the info in about 6 days. I got PROOF from the FDIC that OneWest did not own my loan. Fredie Mac did. And the info came directly from OneWest systems. And just last Friday I got a letter from IndyMac Mortgage services, obviously in compliance with the FOIA request that Freddie Mac owned the loan. So I now have a confession from OneWest themselves that they have been lying all along! I have a motion in to have the sale set aside and once that’s done I’m going to sue the hell out of them and their attorneys in Federal court.

So I found a wonderful little back door to the proof most of us need. If the FDIC is involved, you can do a FOIA request for the info. I don’t know if it applies to all banks since they are all involved in the FDIC. You all should try it to see.

Most of us are trying to get the info from the banks, which they will not do unless forced. Well, now many of us can walk right in through the back door. FOIA requests! I fought for 7 months to get the bank to cough up the info and it only took 6 days by going through the FDIC. So now I’m in the drivers seat. This damned bank has been lying from day one claiming they are the sole beneficiary of my loan. Now they have committed the fraud and done the crime by illegally selling my home. They are now in deep, deep, trouble.

15 Responses

  1. Applause to all those fighting for their homes. I am having to hire a law firm to fight my wrongful foreclosure and encourage others to do what is necessary to save their home.

    We as consumers can win this but only if each of us steps to the plate and fights back against these wrongful foreclosures.

  2. You can snag the screen shot of my request here:

    http://www.scribd.com/doc/32028019

  3. I would like to know how to go about sending the request to the FDIC. sloanlawfirm@yahoo.com
    Please let me know, anyone. thanks
    I am a foreclosure def. atty. in South carolina

  4. I faxed a letter to OneWest at 269 353 2432 (their verify investor) fax #. Don’t forget to ask for the date of sale to the investor as well. Anyway, I received a letter from OneWest saying “please accept this letter as confirmation that, according to our records, the investor for your (sic) Federal Home Loan Mtg Co.
    Now, although their sentence doesn’t quite make sense, maybe that’s just the intelligence of the employee and not OneWest purposefully attempting to vaguely answer the question.
    My FOIA request that I gave to the FDIC has taken 2 months and still no answer.

    Filed a suit in Hawaii, so far they only stalled the foreclosure by 2 months. Filed my suit 1 day before foreclosure, using the letter as evidence.
    I also used FAS 140 (the accounting rule by the FASB that states in order for a seller (Indymac) to sell a loan to a SPE and have that SPE qualify for their special tax incentives, the sale must be a bona fide sale, which means that the seller cannot have any control over the asset sold once sold. Now, if OneWest walks into court with original documents, good idea to also make them admit they are the holder in due course. Then go tell the IRS.
    It would make for a big mess for all those investors and their tax returns.
    But then again, maybe Government will rewrite the law and rules to screw us again before we all wake up and smell the coffee.
    Good on ya! I’d love to talk to you more about your battle with OneWest.
    email me at
    tinamasters@rocketmail.com

  5. The best way to do a FOIA request is though the form on the FDIC web site. They have a link at the bottom of every page to “Freedom of Information (FOIA) Service Center.

    http://www.fdic.gov/about/freedom/index.html

    A link to the left ” Submit Electronic FOIA Request ”

    You have to file the form out and request specific records. I asked for any and all records that indicate who is the servicing agent and who is the owner of my loans. You MUST put a $ amount you wish to pay as well. I also called several times for help and lucked out by getting someone in the department that handled the IndyMac/OneWest deal. Her name is Rhonda Tereda. I also lucked out in that the first form I filled out, I didn’t so it correctly. The next day the attorney in the FOIA department called me and told me I didn’t fill it out right. What are the odds of that? You’d think they would have just let it fall into a black hole. But it worked out for me.

    I have heard the FDIC has been instructed not to help folks anymore but someone wrote me a few weeks ago and said he got useful information. So you just have to call and bug them like I did, and I think this other guy called and bugged them too.

  6. I did a FOIA 4-months ago … one of their attorneys emailed then called me, to say they “don’t do that” despite my request (same as yours) directly via FDIC website ?!!

    Can you send me a contact name, address, etc?
    HeritageAppraisal@gmail.com

    Thanks.

  7. Bruce,
    Can you post the correct address for the FDIC, attn; to whom, and do we need to do the under the FOIA, and maybe you could post the form’

  8. Bruce:

    I’m also in Colorado and also pro se. My enemy is BONY claiming to be trustee for certificate holders of a pool. Was OneWest sevicing your loan or did they just come out of the woodwork at foreclosure? BAC services my loan but BONY is the one foreclosing. Any further info you can give on the process of requesting the docs thru FOIA would be great.

  9. Are there any FOIA request templates out there that we can use?

  10. Nice going Bruce, I’m a Pro Se litigant too … how do you go about ordering an FOIA? Through the web or by phone, etc.?

  11. Obviously the “originals” were not originals but merely copies. Banks have been using a pentograph machine to fake signatures. Or the presented copies.
    No Federal Reserve Member bank that originated a loan can produce an original . It was monetized per Public Law 106–122

  12. Beautiful summery picture Christine! It is great for people to stand up for their rights. Not only is Pro Se Great but the next step is to alowed anyone to represent us. Not just lawyers that can be held hostage by the court. Time to turn up the burners.
    Stanley Putra
    Racine, Wi. 53406

  13. Actually, I started as pro se but ended up having to hire an attorney. The judge would not listen to me or let me speak. At least with an attorney I could direct him as to what to do. In the end, I actually lost the fist round because the judge gave the bank an order to sell, which they did. Now I’m about to go to Federal court and with a damages case, and to have the state ruling set aside as a void judgement for lack of jurisdiction because the real party was never a party to the action and because the ruling was derived through fraud.

  14. This is great….I love it when pro se litigants WIN!

  15. I recently found an amazing document thanks to the ICE Law firm that is responsible for some of the most cutting edge defense for homeowners including the incredible depositions they are doing, namely the Erica-Johnson-Seck-Deposition in which a VP of OneWest confesses to the whole 9 yards, including that they are instructed to deliberately foreclose in the servicing bank’s name to shield the real parties in interest from litigation.

    This document comes through the LPS system and clearly show that these Network Approved Lawfirms know everything from the very beginning and are given instruction to commit fraud by foreclosing in the servicing bank’s name.

    LPS System Foreclosure Transmittlal Package Letter
    http://www.scribd.com/doc/31943068/Machado-PBC-037322-Transmittal-Letter

    Here’s the Machado Case that this was included in:
    http://www.scribd.com/doc/31943671/Case-Machado

Leave a Reply

%d bloggers like this: