Indymac Notice of Sale Problem:
As everyone who has a loan owned or serviced by Indymac knows, the bank has had a long, troubled history. When the bank failed to meet FDIC guidelines, the government agency was forced to take over to ensure that the bank did not fail completely, which could have cost depositors all of their money. In early January, the FDIC then decided to sell off the mortgage-backed securities portfolio to a company comprised of a group of strong investment companies called IMB Management Holdings, LP. Indymac has now become One West Bank. The basic terms of the purchase allowed IMB to purchase the $16 Billion dollar portfolio for $13.9 billion. IMB also received $7 Billion in other securities and 33 branches making the acquisition terms very favorable for IMB.
The sale of the portfolio is now complete which puts homeowners, who were hoping to modify their loan in a more compromising position compared to when the FDIC was in control. While the FDIC was heavily understaffed, they were there to help modify loans to favorable terms for qualified homeowners. The process was very slow but the results were strong. Homeowners generally received a step program that would start at a very low interest rate (1%-3%) then gradually go up over the years until it reached a low fixed number. In addition, they would also stretch out amortizations to lower payments and capitalize delinquencies. This enabled homeowners to keep their property even when they were seriously delinquent causing the bank to make less money than when the property was purchased.
Now that the sale of the portfolio is complete and there is a new regime controlling the fate of the mortgage backed securities, these programs seem to be much harder to get. IMB basically bought the portfolio for around $0.40 cents on the dollar, meaning that if they foreclose on a property and only regain half of the note amount, they still make 20%. This is scary for homeowners. Foreclosing on homes is supposed to scare banks because it results in catastrophic losses. In this case, these losses have already been realized and dealt with, meaning that the homeowners have little leverage.
Along with the fear of foreclosure, Indymac is using unethical tactics to collect past due balances from homeowners. It has been seen where Indymac will offer a modification to a troubled homeowner looking to keep their house. The terms look great and the homeowner now believes that they can keep their home. They send Indymac the required ‘Good Faith’ reinstatement payment and the signed documents. Indymac cashes the check then issues a denial upon further review. This practice is becoming very common, so if you are an Indymac customer, understand what you are going up against.
Another important new addition to the ever changing guidelines is that anyone who is on Notice of Sale (NOS) now is required to pay up to 50% of their delinquent balance to delay the foreclosure. This does not guarantee a modification or reinstatement, just delays the sale date. Make sure that you consult an attorney before you make this move. There are other ways to delay the foreclosure without paying 6-8 months of missed payments, fees and taxes. Bottom line is that Indymac borrowers need to beware. They are not playing fair and definitely do not care about you as a homeowner.
If you are in a Trustee state and are heavily delinquent, we can be your answer to delaying the foreclosure. Indymac is taking back homes in the thousands. Do not be one of them just yet.
