In yet another victory for borrowers, a California Superior Court has today entered a Temporary Restraining Order enjoining Defendants IndyMac Bank, First Federal Bank of California, NDEx LLC, and OneWest Bank from commencing any unlawful detainer (eviction) action against the borrower or selling, transferring, encumbering, or conveying title to the borrower’s residential real property during the pendency of the borrower’s lawsuit against the Defendants. Significantly, none of the Defendants even appeared to oppose the borrower’s request.

The borrower has sued IndyMac and the other Defendants on theories of fraud, declaratory relief, and injunctive relief arising out of the fraudulent alteration of loan documents after the originals were executed by the borrower. The Complaint alleges that one or more of the Defendants fraudulently changed income information (changing a “3” listed on income information to an “8”) and asset information (changing what the borrower listed as an encumbered asset to a nonencumbered asset), and also forging the borrower’s initials onto negative amortization documents and documents relating to disclosure of the cost of the loan (which documents were not provided to or executed by the borrower). The Complaint asserts that these acts were done intentionally as part of the planned resale of the (altered) loan to a securitized mortgage loan trust.

When the borrower confronted IndyMac as to these matters prior to filing suit, IndyMac affirmatively represented to the borrower that it did not own the loan and was only the servicer. Notwithstanding this admission and IndyMac’s being placed on actual notice of the fraudulent alteration of the loan documents, IndyMac instituted and refused to cancel a foreclosure sale of the borrower’s property and fraudulently obtained the property at a Trustee’s Sale. This was followed by multiple threats to the borrower that he would be evicted. IndyMac also refused to acknowledge that the borrower was represented by counsel, telling the borrower that “we don’t care about lawyers, we have plenty of lawyers”.

The borrower was also threatened by other persons with eviction if he did not accept a minimal “cash for keys” proposal made to him from persons he did not know who continually showed up at his home after the fraudulent Trustee’s Sale.

The borrower has demanded a full jury trial on his claims against IndyMac and the other Defendants. Today’s Order has finally put an end to the illegal and unlawful harassment by IndyMac and others who participated in the fraudulent scheme to steal the borrower’s home, and these matters will now be fully litigated in the Court.

FDN attorney Jeff Barnes, Esq. represents the borrower, assisted by local California counsel. The forensic loan audit on the borrower’s mortgage loan was conducted by Loan Compliance Advisory Group. We will continue to advise of the progress of this case.

Jeff Barnes, Esq.

www.ForeclosureDefenseNationwide.com

e-mail: info@ForeclosureDefenseNationwide.com