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Archive for February, 2012|Monthly archive page

Lawsuit

In Uncategorized on February 3, 2012 at 8:42 pm

Our lawsuit against IndyMac/One West Bank and Mers filed in August of 2011 against IndyMac/One West Bank unfortunately was unable to continue due to a new precedent stating that a Loan Modification even if payments were made and accepted is now Invalid if not signed by the lender. I will be posting the Case Law regarding this new precedent when it is published, probably in a month.

We had a strong case. We made 2 payments and then we were denied because in the words of Patrick Moore of IndyMac/One West Bank we were denied because our loan mod packet was not notarized. Although the Notary signed and notarized the California All Purpose Certificate of Acknowledgement.

If the laws change we can refile the lawsuit. The statute of limitations is 2 years from the date of sale which was May 26, 2011.

Our Lawyers Shana Karpeles of Karpeles Law Firm did an exceptional job fighting for our rights and we are glad we pursued a lawsuit against IndyMac/One West Bank with Shana in our corner. In the present climate of our court system Lawyers fighting against the banks are fighting an uphill battle and unfortunately the odds are strongly against them. But hopefully some laws will change to make it easier for homeowners to have a fair chance in court against these unscrupulous banks and their attorneys. We just need a fighting chance in court which is now not the case.

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Bankruptcy Information We Learned The Hard Way

In Uncategorized on February 3, 2012 at 8:22 pm

If you file a bankruptcy 13 the third time it does not protect your house from being sold. It is called the 3rd filing rule section 362 of the bankruptcy code which was voted in by congress in 2005 before the housing crisis. So just be forewarned and aware of this rule.