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.
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.
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!
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
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…
Deontos, on March 17, 2010 at 1:16 pm Said
Thanks for the information.It is very much appreciated.Best Kim Thomas
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
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.
Hallalujah
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
Dinsfla
Thank you!
Can a FOIA be submited to Fannie Mae since they are now a taxpayer owned entity.
Richard,
Here you go:
http://www.fdic.gov/about/freedom/
DinSFLA,
http://stopforeclosurefraud.wordpress.com/
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.
[...] 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. [...]
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.
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.