Matt Weidner – Fighting For The American People

Posts Tagged ‘indymac’

The markets reacted with SHOCK AND AWE at the news that the USA had lost its coveted AAA rating with Standard and Poors last week.  But to me this is kinda like showing up the morning after the biggest, wildest keg party of the year and asking, “hey, uh, what did we miss?”  Remember, S & P and Moody’s and Fitch and all the Wall Street dopes that were literally giving the US housing market a AAA rating even as the whole entire thing was burning down to the ground.  Remember, these are the same dopes that gave New Century and WAMU and Countrywide and Indymac loan portfolios solid gold ratings and the Wall Streeters are the same dopes that accepted those ratings before shelling out hundreds of billions of dollars on paper that isn’t worth a fraction of what they said it was.

And remember, none of these dopes were punished or sanctioned or made to suffer in anyway for selling and whoring out these “Really Shitty Deals”, as Goldman Sachs described them.  Nope, not punished.  In fact, they’ve all been rewarded since the Crash.  Our “leaders” in Washington DC cannot figure out how to dole out even a little slap on the hand and our “leaders” at the state level haven’t done any better.  In fact, it’s quite the opposite.  Wall Street more profitable than ever.  Fortune 500 companies hoarding more cash than ever.  Sure a few private attorneys have inflicted a few cuts on the monsters, but they’ve only lost a few drops of blood.  No new supervision, no new regulation and no punishment.  So given all this, what kinds of fun should we expect has been loaded into the world financial markets since all this started crashing in 2008?  Right, apocolyptic catastrophe.

But just ignore all that for a moment and lets talk math. Basic math. Let’s start with easy. 1 + 1= 2.  Good. Now, divide the total outstanding US liabilities of $65 trillion by the number of people in the US or 311,935,060.  Right, that’s a number that’s slightly bigger than, “Oh Dear God We’re Crashing!

I’ve been writing about all this for years now, and you good intelligent people are far more aware of these issues than our elected representatives because they don’t get it.  I say they do not get it, because while this state and this country are collapsing around us, just take a look at some of the “important” work our state legislators have been doing for us:

Public Lodging and Food Service Establishments: Provides additional penalties for offense of unlawfully distributing handbills in public lodging establishment;

Career and Education Planning: Revises general requirements for middle grades promotion to require that course in career & education planning explore National Career Clusters;

Offense of Sexting: Provides that minor commits offense of sexting if he or she knowingly uses computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photograph or video of any person which depicts nudity & is harmful to minors;

Communications Among the Branches of State Government: Designates act “Communication of Judicial Opinions Act”; requires clerks of State Supreme Court & district courts of appeal to transmit certain judicial opinions to Governor, President of Senate, & Speaker of House of Representatives within specified time

Drug-related Overdoses: Designates act “911 Good Samaritan Act”; provides that person acting in good faith who seeks medical assistance for someone experiencing drug-related overdose may not be charged with specified offenses;

Sexual Assault Awareness Month: Recognizes April 2011 as “Sexual Assault Awareness Month” in Florida.

Click here and read through all of the other great work that our elected leaders have been frittering away their time with while you and I down here on Main Street suffer.  Things are going to get much, much worse.  And every single one of the people we sent to our state houses and to Washington DC are to blame.  Our system is broken, our leaders are corrupted and we are in trouble….oh, and don’t even think about unlawfully distributing a handbill in a public place.

The attached lawsuit provides important and valuable information about Indymac generally that can be useful in every Indymac case.  Now I didn’t read the entire 317 page lawsuit, but I poured through the first hundred or so pages.  It provides very detailed insight into the corporate culture that led to the collapse of Indymac.

Remember as you are engaged in foreclosure litigation on behalf of homeowners that the federal government, through the FDIC, concocted a sweetheart deal where yet another group of fat cat Wall Street types will undoubtedly make obscene profits while you and I (and the homeowner being sued for foreclosure) will absorb all the risk and loss.  It is with this in mind that Indymac/Onewest homeowner foreclosure cases sting me so badly.  In my equitable world, if you’ve got an Indymac foreclosure they would be forced to accept a most generous modification or short sale in order to set off the phenomenal deal that’s already been done…..but then that’s the fantasy world I live in…..

indymaclawsuit

This is a critical week in the Foreclosure Fraud Fight, with the eyes of the nation focused on what’s happening in the Sixth Circuit of Florida.  Thanks to Ice Legal, Foreclosure Hamlet, 4ClosureFraud, April Charney and all the JEDTI members who are helping to carry the load in these epic battles!

Several important things this week, Thursday is a major battle in my epic fight against Indymac.  In cases all across the country, Indymac continues to pursue foreclosure when I contend, supported by their own documents and contracts with the FDIC, that they no longer have the capacity or authority to pursue these cases…when pushed on the issue, the attorneys in my case finally admitted as much…ON THE EVE OF TRIAL. The question before the court is do we allow such substitutions to occur when they are prejudicial to my client and when the attorneys have been misrepresenting this key fact or do we just allow them to get away with it?  Stay tuned, update on Friday. Tomorrow, Thursday, July 8th, 2010 beginning at 10:00 a.m., I will appear on “THE POWER HOUR” , a nationally syndicated political talk show where the subject will be all foreclosures….hear about latest developments, get detailed updates on important trial topics and learn about new appellate court cases.

Click here for more information and to log on online.

The amount of press coverage about notary fraud is becoming very encouraging, let’s all keep the focus up and make sure the word get’s out there.

And finally, from my friend and fellow foreclosure fraud fighter, Mike Wasylik, have a look here at a massive foreclosure fraud scam he just uncovered….it potentially affects all you folks facing foreclosure sales in the immediate future.

Click on this link for more information.

At 9:00 a.m. on July 12, 2010, in Courtroom H in Pinellas County, Florida a trial will be held where Indymac Federal Bank, F.S.B. will try to foreclose a mortgage and throw a sick 84 year old woman onto the streets.

The only problem is I argue Indymac lacks both the standing and the capacity to maintain any lawsuit against this woman, much less to maintain a lawsuit that threatens to strip this woman of just about all she has left in this world.  I attach below a copy of the Motion to Dismiss I filed today.  I’ve also attached a copy of the pre-trial conference and several other depositions and transcripts from Indymac other Indymac cases.

The facts of this case make what is being done to this woman especially disturbing.  The problem is, this situation is being repeated in thousands of cases all across this country every day.  I share these motions and raise these issues in this very public forum because this motion and all foreclosure cases are public records.  I’ve been helped immeasurably by the pleadings, depositions and other information that has been shared with me by attorneys and pro se litigants from across the country.  As detailed in the Motion to Dismiss, there are very real questions about just who is behind any foreclosure currently pending where Indymac is named as a Plaintiff.  Developing these issues for trial, I’m convinced that the bright lights of full public glare need to be focused on the conduct of the Plaintiffs that are bullying Americans in courtrooms all across this country.

These important issues will obviously be developed more as this trial progresses, but for now, I want to encourage all attorneys and litigants to pursue the issues identified in these attachments and please share with me any comments or suggestions.  I especially want to draw everyone’s attention to the transcript of the pre-trial proceedings.  It’s frankly not often that these foreclosure cases go to trial, but the issues framed in this pre-trial hearing are important for every litigant to consider.

Indymac v. Davis Motion to Dismiss

Indymac v. Davis Pre Trial Transcript

Indymac v. Machado Deposition

Indymac v. Malerman Deposition

I’m really digging into IndyMac today because as I prepare for an Indymac case, I’m convinced they are not entitled to proceed with this case.

See an incredible video here.

This video will make you absolutely insane if you’re a homeowner in foreclosure.  If you’re an attorney litigating an Indymac case, please carefully consider these issues.