Foreclosure Defense Florida

Indymac Bank Fraud- Deposition of Employee That Proves It All!

If you’re facing foreclosure, or are interested in mortgage modification, deed in lieu or short sale issues related to property, especially in Florida, you should be aware of massive, wide scale fraud that permeates the entire mortgage industry.   As the mortgage market exploded and lenders across the country were tripping over one another in a mad orgy to make mortgages, agents and employees of the lenders committed fraud from the begining of the process selling the loan to the homeowner all the way through to the packaging and selling the fradulent loans to end investors.

Lost Notes, False Affidavits of Amounts Due and Owing, Fraudulent Assignments of Mortgage

Now lenders trying to foreclose on these fradulent mortgages must continue the lying process in order to try and collect on the fradulent mortgages.   The lies come in all shapes and sizes from itty bitty lies (I’m a vice president of Indymac Bank and we’re owed $100,000) to big fat whopper lies (I’m an officer of Indymac Bank and I’ve assigned the mortgage to US Bank.)   The attached deposition transcript of Erica A. Johnson Seck illustrates precisely how the fraud occurs and shows how the fraud is ongoing.   If the same questions were asked in every foreclosure case, the same facts would show up in a large majority of foreclosure cases that are currently pending in courts across the state….the person that has signed documents that form the case against the homeowner has absolutely no basis to make the statements or sign the affidavit.   The end result should be a dismissal of all foreclosure cases where these facts are proven.

The deposition is a fascinating read and the entire deposition transcript can be found here.

Click on my website for more information at


  • D in FLA says:

    Yea ..I have a hearing coming 2/1 (PRo Se) and this isn’t just what happened to mine with her but gets even crazier. Mr. Roger Stotts gave an affidavit on behalf of IndyMac. He is also a signer for MERS as well ets. DO NOT LET THESE PEOPLE GET AWAY WITH THIS!! The attorney on mine is Law Offices of David J. Stern in Plantation. He prepared most all docs with all these people in numerous of Foreclosures. They all need to be SHUT DOWN!


    • I hate to say it but noone really cares about all of this. Indymac or some other company acting like or on behalf of Indymac probably gave a corporate resolution that allegedly gave Roger Stotts the right to act on behalf of the corporation. Keep challenging the affidavits, learn how to issue a subpoena and a subpoena duces tecum and issue them for Roger Stotts; that may get the judge’s attention and help slow things down for you!

    • dvd04 says:

      D in FLA Im David I have a ase currently in court against indymac onewest I read your coment and the fact that you have an affidavit from Roger Stotts and he made a fraudulent assigment please can you provide me with a copy?

    • Robert says:

      I put a contract on a townhouse on April 1 of 2012 for 174K, the offer was accepted I had to raise the offer 8K to get accepted. We waited 4 months. Then a couple of weeks before we were to close Indysmack sent a counter letter raising the price 26K. I am learning this is typical for Indymac. I will never go near any of their homes again. Buyer beware!!!

  • D in FLA says:

    Thank you I will…It doesn’t stop there. I found a list of the “VP’s of MERS” in Public Records here in Broward on behalf of OneWest giving this list Power Of Attorney. They seem to work in teams all over the US in territories. One signs the Affidavit the other the Assignment (if they ever can do that right!) Mine was recored 6 mths after they filed the complaint! I also see they put some “new” verbage in the assignments with mention to lost notes…can’t recall off the top of my head.

    I hope if anyone googles these people they come right up on your blog.

    Thanks for putting this out to people.

    “Object to everything…Assume Nothing”

  • D in FLA says:

    Mr. Weidner thank you for your time & help.

    I just got in from my Final Judgment Hearing.

    I just cannot believe the Judge did not allow me to speak! They are aiding & abetting these FRAUDULENT FORECLOSURES!

    Plaintiff (Indymac’s) Counsel from Law offices of David Stern shows up no documentation no nothing but 20 papers. I objected that I have yet to see ANY documentary evidence other than an Assignment that was filed and executed 6 months AFTER the commencement of this foreclosure.

    Judge says” What difference does it make” over and over…

    Plaintiff’s counsel stated they order the note but it hasn’t arrived yet…(she did not even have a copy of it just a copy of the mortgage that anyone can get from public records!!)

    I have evidence of facts (at least 600 pages) and again Judge rolling his eyes says “What difference does it make” while I am trying to state I have conclusive evidence that the facts are different that what counsel is representing…from the Bogus assignment signed by the infamous ERICA Johnson-SECK who is NOT a VP for MERS but in Fact a VP for Indymac/Onewest! I have the Prospectus for my Loan clearing stating Deutsch Bank Trust is the custodian /NOTE Owner and clearly stating Indymac does not have any custodian rights.

    We do not have any rights! I felt it coming after seeing 2 previous attorney’s representing their defendants come out very upset! So I was prepared to say the least. I sent a QWR twice certified and have yet to see any response from them!

    This is fraud in so many ways and they are getting away with it..My house was given away to a “Property Manager”! We do not have any rights! Anyone can take anything away from you and not have one single piece of evidence. Why do they not have to show the “Transmittal Letter” the Plaintiff attorney gets that discloses everything and shows who Title gets vested into in the end!! I even had a copy from another case to show Indymac v. Machado !!

    Judge says Judgment Granted! What an American nightmare we are living! Get ready for about 7 million foreclosures possibly this year!

    Billions will make more Billions via Fraud.

    Mr. Weidner if you need a copy of Ms. Seck deposition I have one. Again, thank you.

    • Please share with me what you have, I would especially like to read Seck’s full deposition. We’re continuing the fight and the more cases we have and can convince judges that it matters, they will finally start to get it.
      Sorry about what happened with you.

  • D in FLA says:

    I filed a Defendants Emergency Motion to Vacate Judgment & Vacate Foreclosure Sale 2 days after…

    I put it all out in videos. I mention you in part 2 Your in Tampa Bay and you “Get It” in the end. I am getting a tremendous about of feedback in private emails.

    Here is the link.

    I got a hold of another Deposition once again Law office of Ice in Palm Beach …It will make your jaw Drop…It involves David J. Stern same firm on my case. I can email it to you.

  • Andrew says:

    Do you also cover the state of California, I am in a small town called Pollock Pines and indymac has given me nothing but greef and refuse to work with us. I do want to file a lawsuit with indymac

Leave a Reply