My first modification attempt with IndyMac started on December 14, 2009. After 6 months, following their third request for the latest quarter of expensive CPA endorsed accounting in addition to other time-consuming and costly run-arounds, I tracked down e-mail addresses of two VPs and wrote to them on June 17, 2010. In a detailed letter, I concluded, “ OneWest is either incredibly disorganized to no fault of mine, or is covertly acting to avoid granting my modification as they are contractually required to do by the FDIC.” I asked for reimbursement of my accounting costs and a retro-active modification adjustment because I absolutely qualified in accordance with HAMP guidelines.
After a follow up, they replied, both verbally and in writing. On June 28, 2010, they wrote:-
“Although the Home Affordable Modification Program (HAMP) encourages the voluntarily participation of servicers and private investors in the HAMP program and to modify loans owing by customers facing financial hardships, HAMP does not compel their participation or that private investors implement HAMP modification guidelines. Instead, according to the servicing agreement between Indymac Mortgage Services and the investor who owns your loan, modifications may be considered only for loans that are seriously delinquent.
Your loan is not seriously delinquent; consequently, the loan is not eligible for a loan modification.” (emphasis added by writer).
They said they would “consider” reimbursing me for accounting costs, but I never heard back after sending in receipts.
In a phone call with the letter's author, IndyMac Mortgage Service's Escalation Specialist, Laura Reginek, she advised me that, despite my qualifications, modification approval was up to the “investor” for my particular loan and out of the bank's hands. She said that part of my investor's terms for qualification was that I went into serious default. She could not tell me who said investor was.
But the “investor” being presented as a separate entity from the bank raised red flags for me, so I started researching what could be behind it. One of the things I learned was that IndyMac/OneWest stood to make a lot more profit, through insurance and other perks, by foreclosing rather than modifying my loan. I also learned to ask for proof that IndyMac held any rights or legal standing to my loan. After repeated attempts through simple e-mail and verbal requests, and later detailed QWRs. I never received an answer outside of letters stating they did not have to answer my questions.
On August 30, 2010, IndyMac sent me another letter stating (in bold per the letter), “Unfortunately, the HAMP program does not permit IndyMac Mortgage Services to modify non-delinquent loans governed by a servicing contract that only provides for modifications in the case of delinquent loans.”
So I went into default as of September 2010, per IndyMac's repeated advise.
A few months later, Indymac/OneWest sent me an invitation for modification, so I re-applied. The invitation was followed by a notification in January 2011 advising me, because I had defaulted, they would be selling my home at auction on April 5, 2011.
When I called IndyMac, I was told that, because I was in modification, the auction date would be postponed for a month.
On modification #2, I experienced the same run-around - requests for the same information presented in different ways and to re-send “lost” documents, and on-going P&Ls for the latest quarter because they had not administered quickly enough.
The auction date was moved 4 times (May 6, June 6, July 6, July 20). I would never had known about the new dates if a friend who is experienced in these matters had not found the website of the trustee. The information was not only difficult to find, but required registration to access it. I was never advised by the bank or trustee of the new dates and would otherwise not have known to call and try to stop the sale each time.
Each time I called before each sale, I was told I would need pay approximately $25-30K if I really wanted to stop the sale. Each time, I said that I could not do that because I would no longer be in default, and therefore would be disqualified for the modification that I was in the process of negotiating.
Each time, the date was not moved until hours before the sale. Each time was an emotionally white-knuckled and health-threatening experience.
Meanwhile, having not received the information I requested from IndyMac, I had a forensic audit done on my loan approximately May 2011. It showed clear fraud, including but not limited to, that IndyMac had not only recouped on my loan many times over, but no longer had anything to do with it, having sold it on as a stock, to what appeared to be, numerous parties.
So as I continued with the modification process, I filed a Complaint and Lis Pendens with the Superior Court of Arizona in Yavapai County on June 3, 2011 for:- 1) LACK OF STANDING TO FORECLOSE; 2) OBTAINING FRAUDULENTLY PROCURED DOCUMENTS AND UNFAIR AND DECEPTIVE BUSINESS PRACTICES IN VIOLATION OF ARIZONA LAW; 3) INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS.
I was assigned a modification bank officer for a while named Wendy Repich, with whom I had e-mail correspondence until May 12, when she stopped communicating with no explanation. I followed up with others prior to each sale date and was told my modification was “under review”, so I assumed they had everything they needed from me and that way why Wendy ceased communication and I couldn't get anyone else to call me back.
Meanwhile, I received a letter from John Maston O'Neal of Quarles & Brady LLP dated 7/7/2011, advising me that he would be representing OneWest et al and asked for details on how the plaintiffs were served. I also received a notice that Quarles & Brady had filed a request to have the case moved to Federal court on 7/1, which was granted.
On 7/14/2011, I finally heard from IndyMac. Steven Barkinson called to advise me that my MOD's status was active and they wanted me to call the Modification Dept. to discuss my options.
I told him that I had previously been in constant communication with the MOD Dept. and had not been able to get a response since June. I told him I would need to have something in writing about the status. He asked me to call MOD Dept.
He said they would send a letter, but not to wait for it to arrive and to call the MOD Dept. To date, I haven't received the letter.
I told him that I had filed a lawsuit against Indymac and so must insist that everything now be in writing.
He asked me again to call the MOD Dept. I repeated the above.
He wanted to confirm my phone, email and living address was still what they had on file. I confirmed them.
As he went to hang up, I said I just wanted to clarify that my MOD was still active and they were sending me a letter with my options.
He confirmed this and insisted on giving me two numbers for the MOD department. I said I looked forward to receiving their letter.
On 7/19/11, as I hadn't received above-mentioned letter and the property was still listed for auction on 7/20 per the Trustee's website, I called one of the numbers Steven had given me for the Modification Dept. After putting my info into the automated system, I was put through to the Debt Collection department, so hung up before anyone answered as I knew it would only be a repeat of the previous events (demanding $25-30K to stop the sale). I called my friend Jacqueline Graham, who was experienced in these matters, familiar with my situation and spoke the language.
We conference called and got through to the MOD department with her help. They confirmed the MOD was active and claimed that they had not heard from me. We advised them of the numerous documented attempts to contact Indymac in regards to the MOD had met with no response; and also of the Lis Pendens, unanswered Complaint and QWR ("Qualified Written Request") etc. They said the sale was in error and they were going to urgently contact Foreclosure Dept. to stop the sale and call us back, which they never did. After a few hours, they did not call back, so we followed up and had the same conversation with the same results (no call back).
On 7/20/2011, according to the Trustee's website, the property was still listed for auction at 9am, so Jacqueline and I called at 7:30am. We again advised them again of the situation along with our coversations of the day before. We were transferred to supervisors, who confirmed again that the auction was in error and that they were urgently going to contact the Trustee and Foreclosure Dept. and stop the sale.
Regardless, the property was sold.
The harassment and threats of my tenants, guests and myself started at 8am on this morning, when a strange man came by the house. My guests were having coffee on the front deck and he asked them if they knew what was happening today. They said no and he informed them that the property was going to “silent auction”. He asked if he could come inside and take pictures – they refused. He took pictures of the outside of the house and left. At this point, No Trespass signs were posted.
My guests returned from a walk around 10:30am (an hour and a half after the auction) to find a threatening “Written Demand of Surrender and Possession” taped to the front door, demanding I vacate the premises “immediately”. They were shaken and I had to reassure them that they wouldn't be harmed, though I wasn't sure of this myself.
On approximately 7/21/2011, my neighbor across the street witnessed a man trying to look into my garage through the windows on the doors. When my neighbor questioned him, he identified himself as “Todd” and said his company had just bought the property.
On 7/29/2011, I received another letter from Mr. O'Neal of Quarles & Brady, saying “As you know, this firm represents OneWest Bank, FSB in the above-referenced matter. We understand that you recently attempted to contact OneWest Bank, FSB in regarding this matter and your loan. However, please direct any and all future communications concerning OneWest Bank, FSB to my attention, as counsel for the bank in this matter.” This was in response to Jacqueline and I calling IndyMac on the day before and the day of the auction.
On 8/1/11, I witnessed a black luxury SUV pull up and park on the street in front of the house. My tenant, L, ran out and he told her to "smile" while he was taking pictures. She noted a white male with light colored hair was driving. She ran inside to get her camera and he drove off before she could take his picture. We were both very shaken, feeling disturbed and violated.
On 9/5/11, a process server for the buyer, xx, LLC and their attorneys, Williams, Zinman & Parham P.C., trespassed onto the property. My neighbor witnessed him reading the no trespass signs with great interest and asked him what he was doing. He said he was a process server. He then knocked on my front door and questioned my guests, leaving them feeling disconcerted. Later that evening, after dark, he knocked on L's door. Her door had the letter I sent to Williams, Zinman & Parham that stated the purchase was not legitimate and to leave us alone, literally posted on the door along with no trespassing signs. She asked if he saw the signs and he said “I'd like to see you enforce them”, and threw the Unlawful Detainer papers at her. She was shaken and scared.
Thoughout all of this, I pleaded with the judges for a continuance to give me time to find an attorney, which was denied every time. I was spending so much time on a learning curve and defending myself under a barrage of motions, with no due process of time, while trying to run my business, that finding a specialized lawyer who would and could take my case was extremely challenging. I did not find Donald Loeb until January 2012.
Meanwhile, I thought it was odd that a company would purchase a property with a Lis Pendens and pending lawsuit over title on it, so I started researching the people behind xx, LLC. It turned out they were in the business of bidding on foreclosed properties and also training professionals on the “pitfalls of investing in foreclosed properties” through one of their other companies, Sell Wholesale Houses in Phoenix, AZ. This made their purchase even more suspect and I began to wonder if they were working in cahoots with the bank to distract me and wear me out financially, emotionally and physically, so that I would be unable to pursue the Federal case with the bank.
As such, I dug deeper. The co-owner of Sell Wholesale Houses, Timothy xxxx, was the husband of the owner of record for xx LLC, Kimberly xxxx. Kimberly was also an agent at Sell Wholesale Houses. Timothy xxxx had plead guilty in a mortgage and foreclosure fraud and swindles case in Illinois and Nevada (U.S.A. vs. Brown et al / Case No. l:08-cr-00452). Having not paid restitution as negotiated, he was later incarcerated in Tuscon in January 2012 (Inmate #40464-424 ). In addition, I discovered they had set up at least 10 LLCs in 2010 alone. Further, the Arizona Department of Financial Institutions found Timothy xxxx to “demonstrate personal dishonesty” and ordered him to be “removed and prohibited from further participation in any manner as a director, officer, employee, agent or other person in the conduct of the affairs of any financial institution or enterprise”. Kimberly xxxx and their other partner, Chris Eymann, are also being investigated by the AZ Dept. of Financial Institutions.
My impression is they play deceptive shell games under different guises with their many companies. It is reasonable to consider they may be working in conjunction with IndyMac/OneWest.
xx, LLC/Kimberly xxxx pursued an aggressive Unlawful Detainer case against me and despite all of the above; and that we showed evidence in the trial that the bank had no legal standing to foreclose; that they are not Bone Fide Purchasers (BFPs) being fully aware of the Lis Pendens and if not, should have been as professional foreclosure investors; and that xx, LLC. was now named as a Defendant on the Federal case, they were granted an eviction order by Yavapai County's Judge Warren R. Darrow . In addition, Judge Darrow awarded xx, LLC $9,296.00 because I had the audacity to try and stop them from stealing my property, knowing that I needed every penny in order to continue with the Federal case . In addition, my attorney said Judge Darrow did not have the jurisdiction to make this award ruling. We are appealing it, but this costs money too.
The sheriff changed the locks on my home on February 8, 2011 and I had to move my belongings into storage at considerable expense while the Federal case continues with Judge David Campbell and I appeal xx's "award".
