Contact 17 Investigation: Wrongfully foreclosed on?

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Updated: 9/01/2010 12:01 pm
A woman contacted 17 News because she says her 70-year-old parents were wrongfully foreclosed on. She says they were on track to modify their loan, and had been making payments, faithfully, for months.

Last year, the Ortegas fell on hard times and got six months behind on their mortgage payments. They decided to try to modify their home loan. "We found a place where they would try to help us modify their loan," said the Ortega's daughter Anna Arizaga.

They were put into a trial period program and their payments lowered. They've been making payments since the beginning of the year and just made a payment on August 6. But on August 18, they say they got an unexpected phone call. "We found out their house had been auctioned," said Arizaga.

Their beloved home sold, the bank telling them there's nothing they can do. "I've tried everything, tried to talk to the bank, and they don't care. They don't care that they're 74 years old, they're on a budget," said Arizaga.

IndyMac Bank, the company that previously owned the mortgage, says the Ortegas did not submit proof of income forms, and although the payments were coming in, the bank decided to foreclose. IndyMac Bank representatives say they notified the Ortegas about the problems, but the couple says they never received those notifications.

Arizaga says her parents don't deserve to be homeless and they're not giving up. If nothing more comes of telling their story, she hopes she keeps someone else from going through the same ordeal.

Channel 17 News requested all the documents IndyMac Bank has on the Ortegas to determine whether they were properly notified or not.

If you have a story you'd like 17 News to investigate, call the newsroom at 283-1717 or go to our website and click on the "Contact 17" link.
 
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The views expressed here do not necessarily represent those of KGET TV 17 - In the Spirit of the Golden Empire

tgrazer - 9/12/2010 5:23 PM
That bank can be sued under the Fair debt collection practices act. That bank might owe them a new house for free.

ab555 - 9/1/2010 9:29 PM
Indymac is the most evil organization I've ever encountered. I know from personal experience that they lie, mislead, and anything else they can do to trick homeowners into foreclosure. They make more money, thanks to the Federal government, by foreclosing on homeowners, rather than working out modifications. See this article: http://iamfacingforeclosure.com/blog/2009/12/01/anatomy-of-a-government-abetteded-fraud-why-indymaconewest-always-forecloses/ I wonder why Kevin McCarthy, or some of our other representatives don't do something to protect homeowners from this predatory bank.

Paranah - 9/1/2010 2:33 PM
What would be interesting to know is the value of Ortegas home, what they owed and what IndyMacBank sold it sold for. Most important is if the buyer is related in some way to any employee at IndyMacBank where they had inside information of the sale. If the Ortegas were trying in good faith to re-mortgage the home, they were paying the amount set by IndyMacBank without missing any agreed to payments, it seems like an illegal sale. Here's something our Attorney General Jerry Brown could look into. How many other homes has IndyMacBank sold under the same circumstances?
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