Matt Weidner – Fighting For The American People

Posts Tagged ‘onewest bank’

It remains incredibly encouraging to see how thorough and well-prepared legal work is rewarded by Orders from our elected judges that support and uphold the Rule of Law.  The latest two examples are shown here:Online Reference: FLWSUPP 1809LARO Mortgages — Foreclosure — Complaint — Verification — Motion to dismiss is granted where verification is not contained within complaint and is qualified verification ONEWEST BANK, F.S.B., Plaintiff(s), vs. KRISTINA LAROCCA, et. al., Defendant(s). Circuit Court, 6th Judicial Circuit in and for Pasco County, Civil Division. Case No. 51 2010 CA 6256 ES, Division J4. May 5, 2011. Honorable Lynn Tepper, Judge

ORDERSETTINGASIDE

Online Reference: FLWSUPP 1809LEWA Mortgages — Foreclosure — Complaint — Verification — Motion to dismiss is granted where verification is not contained within complaint, name and title of person verifying complaint is not given, promissory note is not attached to complaint, and plaintiff has failed to plead capacity within complaint

WELLS FARGO BANK, N.A., Plaintiff, v. MARY LOUISE LEWARNE, INDIVIDUALLY; AND AS TRUSTEE OF THE MARY LOUISE LEWARNE REVOCABLE TRUST AGREEMENT DATED SEPTEMBER 22, 1993, Defendants. Circuit Court, 6th Judicial Circuit in and for Pinellas County, Civil Division. Case No. 10-11050-CI-19. June 15, 2011. Amy M. Williams, Judge. Counsel: Matthew D. Weidner, for Defendants.

ordersigned

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Foreclosure defense attorneys and advocates have known if for a very long time….ICE LEGAL in West Palm Beach, Florida is one of the best foreclosure defense firms in the country.
The work they produce and their advocacy on behalf of homeowners and in support of the very real principles of equity, justice and fairness is second to none.

And now the rest of the world knows it.  The press has now picked up on the very real fraud that is occurring in our foreclosure courtrooms.  Read the very powerful juxtaposition between the good work Ice does and the way unrepresented homeowners get creamed in foreclosure court…..

WALL STREET JOURNAL ARTICLE HERE

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So I’m preparing for a foreclosure trial that involves Indymac as the originator of the loan and they are also the Plaintiff named in the complaint. Because the originator of the loan was the one suing, I was thinking we didn’t have many issues to work with.  Then a colleague shared with me the agreement attached to this email.

The attached agreement is the Asset Purchase Agreement executed between the FDIC and OneWest Bank.  I’m still mulling over the details, but it this agreement is in fact the binding agreement, I don’t see how Indymac is able to continue with their pursuit of foreclosure cases anywhere across the country.

And yet in my case and in many others, the foreclosure mills just seem to be chugging right keeping Indymac as the Plaintiff instead of substituting OneWest as the Plaintiff, as the agreement apparently requires.

I will certainly update as I find more information, but I’m curious what others have found regarding this very interesting issue.  Read on and please share any info and insights.

IndyMacLoanSaleAgrmt-1

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