Freedom of Information Act Requests Show OneWest Bank Misrepresentation

Submitted by BMcDonald

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.

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.

36 Responses

  1. Re Bruce MacDonald’s FDIC strategy: Ask for help from your congressperson before you contact FDIC use your congressperson to watch your back.
    But first find out if ;;your congressperson is anti consumer and in the bank lobbyists’ pockets.

  2. I’m in Colorado. Yes, I’ve moved on a Federal law suit and a state case. They failed to respond to my state case so I actually got a default judgment and Quiet Title to my property. BUT, the G.D. local judge forced us to serve the default on them, which the rules say quite clearly we do not have to do, so they have been alerted and will soon file to have the default judgment set aside and no doubt file a motion to dismiss the state case, which I’m pretty sure the local judge won’t have the gall to do.

    The federal case is moving ahead. They filed a motion to dismiss and we just file our response. You can find that response and other great stuff on my scirbd channel:

    http://www.scribd.com/BMcDonald

    I’m also in the process of moving on the law firm by trying to get the district attorney to prosecute them for FDCPA violations. I’m also seriously thinking about filing a complaint with the Colorado commission on Judicial discipline against the judge. He has clearly violated the code of judicial conduct many times over. He ignores evidence and ignores court rules. Everyone is afraid to stand up to him as well because everyone knows he holds a grudge.

  3. Todd,
    What are the updates since your last post? Are you going forward with the lawsuit against the above parties you mentioned? Would love to discuss further. Where in WI are you located? I’m near West Bend.

  4. To amicusman,

    I didn’t post there. I only posted here. Other people must be taking my post and posting it themselves.

  5. Bruce, be VERY careful. The website that you posted “The homeowners revolt.com what they are promoting is a scam! http://www.pr-inside.com/beware-of-the-latest-foreclosure-scam-mortgage-r1824092.htm

  6. to Bruce McDonald:

    Since you have uncovered hard evidence that OneWest was not a party in interest, that is to say had no money at risk and could not qualify as an “aggrieved party” as respects your financial controversies, yet nonetheless proceeded to set themselves forth as a party at interest (not the Trustee of anything, but a Principal), then under that set of facts you have the perfect grounds for a mega-suit.

    Sock it to them. Ask for some substantial amount, depending on the formatting of your State’s pleading Rules. If there is no format, then ask for $50 million. And mark it as a Trial by Jury. Be sure to include personally the name of the person who conducted the “sale,” if you have it available.

    Although the “sale” for $10 is common enough, such a sale will inflame the jury.

    remember that the “screen shot” is NOT “self-authenticating.” To introduce it at trial, you have to lay a foundation. You will need to bring in some person from the entity that supplied the screen shot, e.g. someone at FDIC, to attest that it is an actual screen shot. But that should be relatively easy to do. Alternatively, you can introduce the document by Affidavit in the Pleadings stage and obtain Summary Judgment as to liability, so those issues are resolved before it gets to a Jury. then all the Jury has to do is make a Finding as to the amount of damages. And that is where it gets interesting…

    You may have:”lost: at the “sale,” but you “win” at the trial – of the next case, the one where you are the Plaintiff. And I bet you a cheeseburger that you are awarded a lot more than that house was ever worth. Go for it.

  7. So back to the drama . . .
    One West sold my home at a Trustee sale on the 4th of March. OneWest purchased it themselves at a deficiency bid, $48,000 less than what they claimed was owed.

    And about a week later, they flipped it to Freddie Mac for $10!!

    So I’m in the process of filing a Federal case, a criminal damages case which will include a motion to have every ruling Gonzales issued vacated because they were derived through absolute fraud. Everything he ruled is VOID on the face of it. This damned judge had absolute proof put in front of him. What he did was criminal. Absolutely criminal.

  8. One West had no valid security interest in my property and now it’s clear the supposed real owner, Freddie Mac, is complicit. I just found a Freddie Mac document that flat out says they instruct the servicing banks to foreclose in their name:

    http://www.freddiemac.com/learn/pdfs/service/sdmcftrec.pdf

    AND

    Note page 24.

    PROCESS THE FORECLOSURE IN YOUR INSTITUTIONS NAME!

    They are instructing these servicers to commit fraud!

    And Fannie Mae is doing it too. According to this, they instruct the servicers to just do bogus assignments depending on what they can get away with. None of the parties own the loans, not even Freddie Mac or Fannie Mae

    http://www.thehomeownersrevolt.com/category/fannie-bars-foreclosure-actions-in-the-name-of-mers

    Wall street runs the government and the government runs Freddie Mac and Fannie Mae, which I understand controls about half of the mortgages in the country. They are taking OUR money and doing their best to throw us out of our homes.

    I got a notice from Castle and Meinhold, another foreclosure mill in Colorado, representing Freddie Mac “who now owns my property.” YA RIGHT. For $10!! Hell, I’d have offered OneWest $100!

    Seriously, what jury is going to think it makes any sense for OneWest bank to go through all this trouble and expense, spend over $170,000 on a house and then sell it to Freddie Mac for $10? They are all in collusion! Government and Banks are one and the same thing anymore.

  9. I should also mention that I didn’t just file a FOIA request with the FDIC. Before I did, I called them, spoke to a young man who pointed me to the lady in the department that handled the IndyMac/OneWest deal. Her name is Rhonda Tereda at MMC Asset management, a company that has been hired to act as receiver for the IndyMac deal.

    Once I filed the FOIA request, I called her and she told me as soon as she got it she could tell me what her records say. I gave her about 4 days and called and she gave me verbal confirmation that OneWest didn’t own my first or second mortgage, that other instittuions owned them. It took a few more calls and pleadings to ger her to send me what she did, a short note on FDIC letterhead stating very clearly that OneWest was only a servicer and Freddie Mac “supposedly” owned the loan. And she sent me a bonus, a screen shot of OneWest’s own comptuer system showing the info.

    It really seemed like the people at the FDIC couldn’t wait to help me. But I hear that has all changed. I hear that the folks working at the FDIC have been instructed not to be so helpful. Not sure if it’s true, but I do know I wouldn’t have gotten what I did if I hadn’t called. I just got a final response from my FOIA request which was nothing more than a couple one line spreadsheet entries lising my loans. This may have been all I would have gotten if I hadn’t called and pushed the issue. It would not have been very good evidence – though it did show that OneWest was only listed as owning servicing rights. A letter from the FDIC stating it and a screen shot is WAY BETTER evidence.

  10. Yes. Here is the published CA Bankruptcy case. Very enlighteing. I highly recommend reading it many times.

  11. BMcDonald….

    Can you please provide us with the CA BK case you found, letter from OneWest that stated they only purchased the servicing, or anything else that can help those of us dealing with Indymac/OneWest?

    If there is anyone else that has received this info or has damaging information against Indymac, can you please provide through scribd.com or similar.

    thanks

  12. I have Onewest and in 3 days I got the FOIA document which has given me the pool number from Indymac.
    It was a trust that closed 3-29-07, and DBNTC as trustee took an assignment 8-20-09. Sounds fishy, or let me say slime ballish.

    See result
    http://www.scribd.com/doc/30641178/Foia-FDIC-RESPONSE-TO-THE-FREEDOM-OF-INFORMATION-ACT-INDYMAC-BANK-ONEWEST-DEUTSCHE-BANK-NATIONAL-TRUST-COMPANY-AS-TRUSTEE-FOR-RAST-2007-A5-SERIE

    Application
    http://www.scribd.com/doc/30439602/Feedom-of-Information-Act-to-Fdic-Regarding-Indymac-Bank-4-24-2010-FDIC-ONEWEST-FDIC-TAKEN-OVER-BANK-INFORMATION-REQUEST

  13. I would love to see the case where indymac produced the note but admitted in cout that they did not own the note please post that info if possible

  14. Thanks guys! That gives me a plan of action. I’m on it.

  15. VERY well said, Jan van Eck!

  16. to USEDKARGUY:

    “STORM” is quite correct. The Debtor is certainly entitled to bring an adversarial proceeding in the BK Court. Debtors do it all the time. Attys representing debtors tend not to like the tactic as it is a “chewer up of time and resources” and if the debtor client has no money then who is going to pay for his fees? Pro Bono doesn’t much cut it.

    Remember that an Adversarial Proceeding is a “lawsuit” and has to be structured as a Complaint. When you file it, you ask the clerk of the court to prepare Summonses and you have the defendant parties “served” by a “disinterested person” and that is not you.. You have only two weeks to effect Service in an Adv. Proc. So you have to stay on the ball, or go get fresh summonses.

    One advantage of an Adv Proc is that you pay no filing fees. A disadvantage is that you may not be able to obtain a jury trial (sometimes yes, sometimes no – and don’t ask me to parse it out for you, I have no clue). Another disadvantage is that you may well end up in front of the same Judge who is hearing your regular Petition Case and if that judge is overloaded you risk irritating that judge. Some court districts require that Ad. Proc go to some other Judge in the District, so you have to ask around. Do not rely on the Clerks; they may well neither know nor care.

    Since you have a default summary judgment you still have a judgment and you may well run smack into the infamous Rooker-Feldman Doctrine (Google it to find out more) and that will blow you up, UNLESS you first file a Notice of Appeal and an Appeal in the state court system. Then you file into the USBC and that stays the appeal when you Notice the appeals court that you are now in BK and that the automatic stay under Sec 362(a) is operative. that way you do not acutally have to slug it out pro se in the appeals court where you will surely lose, just because state appeals court judges loathe and hate pro se litigants.

    So now you duck for cover in the USBC, leave the appeal “frozen” and you bypass Rooker-Feldman, according to the doctrines established in the case ExxonMobil v. Saudi Basic Industries (Supreme Court that limited R-F).

    Some judges don’t know this, so be prepared to brief the issue. Contact me if you need a Brief format; I have already done this route.

    Don’t be surprised if the bums just go sell your Note to some other pretender for ten bucks and then you have to go start all over again. But as you get better at it, you can grind them up. Look carefully for frauds on their Filings and Pleadings and stamps and affidavits and then hammer them under the principles set forth in Keystone Driller Co. v. General Excavator Co., 290 US 240 (1933)>

    Sock it to them.

    The Trustee ALWAYS has the right to bring adversary proceedings, and to file Motions, including ones adverse to your position. They do it all the time.

    You do not necessarily have to go to the adv proc. If the other side files a Proof of Claim alleging a position as a secured creditor as a pretender lender, and you think or know that the Note is not properly Indorsed and that the allonges are fairy tales, then instead of an adv proc you file an Objection to Proof of Claim, and in effect have a mini-lawsuit on that issue. You can file an Adv proc simultaneously to recover money damages on other or even related issues, including money damages for fraud and unfair trade practices and whatever relating to their handling of the Note or Mortgage or both and relating to what they filed where, e.g. the land title records – you have a cornucopia of grounds.

    Sock it to them. They are all calculating scum.

  17. usedkarguy, somebody “counseled” you wrong, the debtor can also bring on a adversarial proceeding!

  18. Treasury Department FOIA http://www.treas.gov/foia/faq.html#Q16

  19. AAARRRGGGHHHHHH!

    Mr. van Eck, I was counseled that the adversarial action in BK has to be brought by the BK trustee. I have very little debt other than the mortgage. It’s a non-deficiency state. “You don’t even make enough now to pay the mortgage if you had one.” I have a multitude of contract claims. This very respected practitioner said to “write it off”. I am determined to fight for the home. Luck for me, I have offers of help from some great people (like yourself).

    The question is: File a BK and hope the trustee will stand up for me, or initiate a Federal action and fight it there? Should I put one more “proper” motion for reconsideration in front of the judge (I have received collection letters on what appear to be two different mortgage accounts) who ruled against me and entered a default summary judgment? Thanks for your time.

  20. If you want to know who owns your note all you have to do is call your servicer. The servicer knows who has it. Moreover, there are a myriad of ways to get that info, if you know what you’re doing.

    Notwithstanding, it’s basically a waste of time and money anyway, it is nothing more than a stall tactic. If you can’t come up with something to use against the bank (tortious conduct, contact defenses etc.) you’re basically peeing in the wind.

    Attorneys, who REALLY “get it” don’t even waste their time, other than to use it as a stall tactic, as aforesaid. You have to use basic contract law, tort law regulatory, and statutory case law in order to effectuate a positive outcome for yourself or your client.

    BTW, we’ve never not been able to get the answer!

  21. to all posters:

    Don’t be shy about suing the lawyers. They have liability insurance policies; most insurers are not too keen on going into court to defend the indefensible. remember: any Pleading signed by an attorney is a “verification” that the attorney has read the document and vouches for its accuracy (some wiggle room: in some instances, and attorney is entitled to rely on the representations of his client). If the representation hings on the claim of ownership and possession of a Note, and the attorney has not seen the Note, then the attorney has problems.

    Sue their pants off. When they are sitting in front of a jury, it gets delicious to see how enraged the jury is. Especially a jury that is paying on a mortgage…

    And that is precisely why you get a settlement. No insurer in his right mind is going to get into that situation.

  22. it is becoming clearer by the day that our [i use the term “our” loosely] Gov
    is readily implicating itself thru their further obfuscation of the facts & documentation ,this can only lead to the conclusion of complicit parties of wall street & gov, this sets the stage for an unnerving scheme planned & executed by all of the parties in the know.
    there can be no plausible denial with this.. as S Kop pointed out …
    Our current situation is the very definition of “Morton’s fork” a choice between two equally unpleasant alternatives ;
    This variant asserts that an unelected officer’s non-compliance with the directive of their elected officer must be due to one of two equally unacceptable causes:
    1-either the civil servant [our gov] is lazy or incompetent [imo both], or
    2- the civil servant [our gov] is acting willfully or maliciously [imo both] against the instructions given by his/her elected officer.[the people & constitution ]… either way its bad news!

  23. Just so you know I have the original WET INK NOTE signed over to me, a letter stating that the loan is paid in full an even the envelope it came in …. The original lender was bought out by NETBANK and NETBANK was took over by the FDIC in SEPT 2007… My note is stamped March 2002… The FDIC refused to satisfy my loan because they went to the ROD and said they was an assignment of mortgage from the original lender to them through MERS in march 2009. I have a letter from MERS dated in 2002 that the loan was deactivated and the last known servicer was the FDIC.. Get where I’m going …. Major fraud and corruption

  24. I filed a FOIA on MERS, was sent to the servicer, FOIA on the FDIC their legal representation refused. I have filed FOIA on the bank to no avail. I am now waiting on a response from the FRB on a complaint I filed In DEC of 2009, they have 60 days to give a response.. they have also sent me to the servicer… HUH? Please understand no one is going to let any info out. The corruption runs deep and The GOV is not gonna let anything collaspse the USA’s economic structure…

  25. Deontos, on March 17, 2010 at 1:16 pm Said

    Thanks for the information.It is very much appreciated.Best Kim Thomas

  26. Sample FOIA request Maybe to much to ask at once. Alter at discretion.

    Date
    FOIA OFFICER
    Agency
    Address
    Re: Freedom of Information Act Request

    Dear Sir/Madam:

    Pursuant to the Freedom of Information Act (5 U.S.C. § 552), I request that the [Agency]
    produce all correspondence, memoranda, documents, reports, records, statements, audits, lists of
    names, applications, diskettes, letters, expense logs and receipts, calendar or diary logs, facsimile
    logs, telephone records, call sheets, tape recordings, video/movie recordings, notes,
    examinations, opinions, folders, files, books, manuals, pamphlets, forms, drawings, charts,
    photographs, electronic mail, origination, transfers, servicing ,credit default swaps, foreclosure actions,
    loan modification documentation, etc.

    Who the current creditor is, who the beneficiary is, who each investor is, who purchased securities issued from a trust. Which trust the loan is in, who each investor is who purchased securities issued from the trust.

    Who each party is who has ever had ownership rights to the promissory note (and when), who each party is who has ever had ownership rights to the deed of trust (and when), who each party is who has ever had servicing rights to the promissory note (and when), who each party is who has ever had collection rights to the promissory note (and when), who is the current beneficiary of the promissory note as part of the securitization “deal” OR by an indorsement and have their rights been subsequently superseded by the rights of a credit default swap provider and/or an insurance provider.

    Has any servicer or trustee advances been paid on this promissory note, has this note been paid in full and or “charged off”, is the promissory note still contained within a REMIC. Who are all the obligors on any part of the loan and/or revenue and under what conditions are they OBLIGATED to make any type of payment or any other type of OBLIGATION.

    WHO ARE THE CURRENT PARTIES WHO SHOW THIS LOAN AS AN ASSET ON THEIR BALANCE SHEET. AND THE CURRENT AMOUNT THEY ARE SHOWING THE ASSET AS. Has any part of any asset listed on any balance Sheet been “marked to market”. Has any part of any asset listed on any balance sheet been reimbursed with funds from others such as federal bailouts, insurance swaps, etc. and other documents deemed relevant or related to these requests in any way.
    URGENT.

    Respond within twenty (20) business days:

    xxxxxxxxx LOAN :

    If any responsive record or portion thereof is claimed to be exempt from production under FOIA,
    sufficient identifying information {with respect to each allegedly exempt record or portion
    thereof) must be provided to allow the assessment of the propriety of the claimed exemption.
    Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir 1973), cert denied, 415 U.S. 977 (1974). Additionally
    any reasonably segregable portion of a responsive record must be provided after redaction of any
    allegedly exempt material to me, as the law requires. 5 U.S.C. § 552(b).

    In order to help to determine my status for purposes of determining the applicability of any fees,
    you should know that I am [insert a suitable description of the requester and the purpose of the
    request]. I am willing to pay fees up to the amount of $_. If the fees will exceed this amount,
    please inform me before fees are incurred. I can be contacted at [include preferred method of
    communication], if necessary to discuss any aspect of this request.

    I look forward to receiving the requested documents and a full fee waiver within twenty (20)
    business days. I

    Sincerely,
    Name
    [Signature]

    Name
    P.O. Box XXXXXX
    address, XX ZTP
    Tel
    Email

  27. Andrew, on March 17, 2010 at 8:39 am Said:
    My guess is that FOIA only work when a bank has been taken over by the FDIC. I wonder if it would work for banks who have received TARP funds though. The FOIA request could be submitted to the Treasury Dept’s TARP office.

    I would say that the information should cover any bank that is FDIC Insured to surrender information on your account. This is my opinion but it seems to make sense that you have a right to it.

  28. Hallalujah

  29. Submitted by BMcDonald

    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.

    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.

    Could you be specific in who you wrote to on this and what state and how it was sent and content of your letter.Thanks it will help many on this blog.Thanks Kim Thomas kthomas188@cox.net

  30. Dinsfla

    Thank you!

  31. Can a FOIA be submited to Fannie Mae since they are now a taxpayer owned entity.

  32. Todd

    How did you file the FOIA request, and what form did you use?

    I would like to do the same on my loan, since it is serviced by BoA, and they were bailed out by TARP monies.

  33. […]  Freedom of Information Act Requests Show OneWest Bank Misrepresentation Posted on March 17, 2010 by Neil Garfield Submitted by BMcDonald 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. […]

  34. I sent a FOIA request 2-months ago, then had one of their attorneys call me…he stated they have no records
    and I have his email to prove it! I now am having my Congressman get the federal files after signing a form for him to obtain these ‘classified’ secrets. Meanwhile I hired the best lawyer I could find, am suing SunTrust as servicer and Inlanta/FCM as lender and Gray Assoc as attorneys for treble damages (HUD allows if they refuse to modify your loans when you qualify) and as a criminal act for forgery which they are attempting to profit from. The WI Atty General may be smiling finally
    as we also caught them signing the blank Note 1.5yrs
    after it was closed (I’ve copies) and wouldn’t you know
    the lender agent was let go just after my loan was forged … this is great detective training, but pays very little except expends anxious energies to prove liars and thiefs are just that. It would be great if we could get more local judges to read this site, become more informed and not be led by the nose by fancy bill collectors with a bank-name backing them up … after all, it damages our local communities. PS – I did call Ed Harness, he’s too busy and only works locally near Milwaukee … 3/4 of our state lacks good representation
    PSS – Forgery is a crime, identity theft, credit theft and usury. It’s fraud: so why aren’t they being convicted yet?

    This is all starting to remind me of a gypsy scam played in Moldova for decades … and makes me wonder if someone didn’t just sell or lose our Govt power in a card game somewhere in Moscow.

  35. My guess is that FOIA only work when a bank has been taken over by the FDIC. I wonder if it would work for banks who have received TARP funds though. The FOIA request could be submitted to the Treasury Dept’s TARP office.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: