Our Story by Marie Ann Doud

We lived in our home at 5850 Malton ave. Simi Valley California 93063, for 17 years. Raised our 2 sons, ran our own painting business, paid our mortgage on time and never worried about being evicted from our home/business. Then came 2008 work slowed to nothing and no income was coming in and of course no one was hiring and like a lot of people in a very precarious position we had never experienced. Our family helped us with what they could financially and we will be forever so grateful for their much needed help. In the beginning of 2009 we tried to work with IndyMac Bank to work out something because we were unable to pay our mortgage, to no avail. We were sent a notice of Default and then Trustee Sale notices. We were able to get a Trial HAMP loan modification which stated if you make 3 payments of $1,270.00 we could get a Permanant Loan Modification. We made 4 payments and when my husband Jeff called for an update regarding the Trial Loan Modification he heard a recording which stated there was a Foreclosure sale date scheduled for our home in a few days. So we obtained a lawyer and Filed a BK13 for an automatic stay which was the only way the bank could not sell our house right out from under us which is what they intended. In the beginning of 2010 we were in “review” for a “Second Look”.  By now IndyMac was sold to One West Bank, check out www.fiercefreelancers.com/sweetheartdeal. So from now on we are dealing with IndyMac/One West Bank. In August of 2010 we received a Freddie Mac Hamp backup loan Modification packet from IndyMac/One West Bank. We were so happy and believing everything was now going to be alright. Silly us trusting the bank oh what fools are we? We took our packet to the UPS store in Simi Valley to be notarized by a notary of 10 years. We gave her the packet to notarize and she stated that one of the notary forms that they provided was illegal for her to sign although the other form was legal and the Notary went on to sign, notarize and stamp the “The California All-Purpose Certificate of Acknowledgement and we signed her Notary Journal. We sent in the packet on time and made 2 payments when we called the bank to make the third payment they said we were denied because our packet was not notarized. We received a letter from Patrick Moore, customer response team stating that “This offer was received back but was not notarized. Modification agreements are required to be notarized or are considered invalid. As the document was not notarized and has now expired the modification request has been denied.” I wonder did they really want to give us the Permanent Loan Modification?  We then contacted the Office of Thrift Supervision who contacted IndyMac/One West Bank and to appease the OTS sent us a “second look” chance for us to send in more documents that we had sent in numerous times over and over again which they of course denied because in their words “we did not pay an $80.00 title fee” which was not on the list of what to submit to the bank. We had more sale dates and more BK13 filings to save our home. On January 4, 2011 we talked with an attorney who specializes in this type of case. We showed him our documents and then had a conference call with Leslie 74T she said send in the paperwork to a Fax# she gave us so we could send it ASP due to the next sale date which was January 6th. We sent in all the Documents that night. The next day while Jeff was at the attorney’s office they called Leslie 74T to confirm that she received the documents  she said she did not receive the Documents we had sent. The attorney said ok and re-sent the documents from his office. We or the attorney was never to speak with Leslie 74T again or anyone else for that matter who would help us from the bank. So more Bk13 filings and during the 3rd filing because our BK attorney did not get the paperwork in on time during the 2nd filing the trustee from Trustee Corps in California told me they are electing to sell our house using the 3rd filing rule section 362 of the bankruptcy code. So our house was sold to a house flipper for $260,000.00 at a Foreclosure sale. I then contacted the State Attorney Generals Office and made a complaint against IndyMac/One West Bank.  Because of the complaint we were contacted by a Joseph Kiaune, escalation specialist, IndyMac/One West Bank. He left a message on our answering machine I called him back and on his answering machine it stated it would be faster to email him and he would get back to you with in 5 business days. I hadn’t heard anything from him for over a week so I emailed him again stating to please contact me and I was also forwarding this email to the Attorney Generals Office. The next day  before a scheduled meeting with another attorney to discuss a possible Wrongful Foreclosure lawsuit Joseph Kiaune called me at 8:30 in the morning on June 22, 2011 and told me the bank “erred” and the bank will request a rescission of the sale of our house and we would get our loan modification back they would just need a current profit and loss statement from us. We went to our appointment with the Attorney and because it would be unwise and foolish from our past experience to trust IndyMac/One West Bank we retained Shana Karpeles of Karpeles Law Firm. From that point our attorney was in contact with Joseph Kiaune through emails and phone calls. Through their contact he said he would do a diligent search into our case and after he searched he found “strong grounds for a rescission request” but never was specific of what he found. After that he stalled saying he was in contact with the investor who bought the house and was trying to work out a rescission. Our attorney was not buying what he was saying and called the investor who told her that” not him nor anyone from his company had been contacted by the bank regarding a rescission request.” After this call we were served with a 3-day notice to quit and then in Simi Valley Unlawful Detainer Court were evicted from our home with no where to go and an eviction judgement against us. The court system is Ignorant about this type of case and the House Flipper is seen as an innocent party due to him being a “BFP” bona-fide Purchaser. I see him as a bottom feeder which he is and this type of “human” is a big part of the problem. I believe in Karma. We are now in a  2 bed 2 bath apartment paying a little more than we would have with our Loan Modification. This blog is the beginning of lots of information I have researched regarding: Foreclosures, Loan Modifications, Robo signed documents, Bankruptcys and more as well as and most important how to deal with all this without going crazy.


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