I have been trying to get a modification and save my home for almost 2 years.indymac has been terrible. Even after being taken over by the FDIC and then becoming One West, they have done NOTHING to help me. They LIED to me over and over and tried to foreclose several times. I had paid my mortgage on time for the 9 years prior to getting into financial difficulties. My business of 25 years had to be closed and I fell behind on my payments after I exhausted our savings. I had to file chapter 7 bankruptcy and Indymac told my lawyers they would not sell my home and would discuss modification as soon as the Bankruptcy was discharged. BUT INSTEAD, as soon as they got word of the discharge of my Chapter 7 they IMMEDIATELY scheduled a Trustee sale and said they could not discuss modification now.in the meantime, my wife had gotten full time work and we were now in better position to qualify for a loan mod... If SOMEONE would only deal in GOOD FAITH.
The only thing they would offer me was a repayment plan that required me to make $3800 payments for 6 months and then a balloon payment of $38,000! This would make up my delinquent mortgage payments. Of course I could not come up with that, so I had to file Chapter 13 bankruptcy. My modification expert kept trying to work out a deal. I contacted the Office of Thrift Supervision in Washington DC to complain about the bait and switch tactics and One West's refusal to work with me even as President Obama has requested all lenders to try to help homwowners stay in their home. They have consistently lied and dealt in bad faith. The got notified from the Office of Thrift about my complaint and One West sent me an apology letter saying they are sorry for my bad experience with customer service and they are very concerned about my situation and want to work with me... Accept that they can't talk to me while I am in bankruptcy. This has been their claims throughout the process and ALL attorneys have told me this is bogus. There is NO REASON they cannot negotiate a modification while I am in bankruptcy. They just want you to not have that protection because what they really want is to foreclose on as many houses as they can.
Since they were claiming they would work with me if my Chapter 13 wasn't in the way, I took a chance and voluntarily dropped my chapter 13, because what I really wanted was a principal reduction and modification. We informed One West that I was doing this so that we could proceed with negotiations. My modification person called regularly to see if they had gotten word of my dropping the chapter 13. Finally they told her it had just been unflagged and that she could send in my financial information. She did that immediately and 2 days later I got a denial based upon... Now follow this... When we called to find out why I was denied, they said when the new financial information arrived, I was still "flagged" as being in bankruptcy... (even though we didn't send that information to them until they advised us that the flag was removed and to go ahead and send the information.) My modification para-legal was then told... Oh but after it was denied, it came off of being flagged and NOW we have set a TRUSTEE SALE! So in other words, we sent it in after being told it was unflagged, but they somehow "reflagged" it long enough to deny me and then took off the flag to put my house up for sale. THIS IS OUTRAGEOUS! The "apology" letter was another RUSE. It was signed by a woman whose title was "customer advocate", but there was no contact information to reach her and all attempts to get her phone extension were denied. She never intended on talking to me or assisting me in anyway. It was just another trick and stall. They actually never responded to the Office of Thrift Supervision for over 6 months until the OTS heard from me numerous times and forced a reply which turned out to be of no help because they simply lied to the OTS about the situation and OTS closed the file.
I re-filed my chapter 13 and stopped the sale and have hired my 3rd attorney in this battle. Believe me, I don't have room here to list ALL of the lies and tricks and deceptive things thay have done in the past 2 years. They have tried VERY HARD to take my home. On the day I 1st filed Chapter 13, Indy/Onewest didn't get word in time and foreclosed on my home. They later had to rescind it. They did that, but somehow they have never changed the name on the title back to my name, so it now says that they own my home, which my attorneys assure me is not the case... Yet. But they are still trying hard to get my home because it has been described to me that the government has made a sweetheart deal with them such that they make much more money by foreclosing on homes and putting families out on the street.
SOMEONE has to STOP this institution from their practices of deceit and bad faith dealings that is costing many people like myself to lose their homes at a time when the president of the United States has asked these institutions to help Americans keep their homes. This institution that was basically bailed out by the taxpayers and their thanks to us is to steal our homes.
Help!!!
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