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Pompano Beach, FL: The Delvas are fighting eviction

April 03, 2012

Amos and Claudine Delva bought their home on a quiet little street in Pompano Beach, Florida approximately 15 years ago. They signed the mortgage and note with IndyMac Federal Bank, FSB. In 2008, when the construction industry crashed, Mr. Delva, a construction worker, sensing that he might be in trouble if the downslide in the industry continued began actively working with IndyMac to modify his loan. Soon thereafter IndyMac Federal Bank, FSB filed its foreclosure Complaint, January 3, 2009.

The right to foreclose is dependent upon there being an enforceable promissory note. The Complaint filed by IndyMac Federal Bank, FSB states that the original note was lost and cannot be found and the copy that was attached to the Complaint contains no endorsements. At the deposition of Ms. Erica Johnson-Seck, Affiant and Attorney in Fact of the Affidavit of Indebtedness filed in this matter, when asked "...IndyMac Federal Bank, FSB didn't have any books, records or documents ... correct?" Ms. Johnson-Seck's response was "Correct."

So... while the foreclosure process was moving down one track (with no documents), on a parallel line, IndyMac offered the Delva's a Loan Modification on March 16, 2009. Nevertheless, on May 8, 2009, even though the Delva's were in active loan modification negotiations, IndyMac filed its Motion for Summary Judgment. On September 9, 2009, Judge Fogan signed the Summary Judgment and oh-by-the-way, remember the lost note, well that was found and filed on September 9, 2009 as well. In a desperate effort to save his family’s home Mr. Delva filed for bankruptcy and IndyMac filed yet another note (there are three original notes in Mr. Delva’s matter, one with no endorsement, one with an endorsement on the lower left and one with an endorsement in the center of a blank page, that is not an allonge) along with an Assignment of Mortgage executed by Araksia Karapety and recorded in Charlotte County. Mr. Delva’s property is in Broward County and he has never met and does not know who Araksia Karapety is.

It took eight (8) months from March 16, 2009 to October 29, 2009 (as IndyMac repeatedly claimed to have not received the documents sent to them over and over again) to bring the loan modification negotiations to a successful completion. IndyMac agreed to the loan modification and on November 1, 2009, Amos and Claudine made their first of three (3) trial modification payments each in the amount of $1,062.87. The Delva's made six more payments for a total of $7,440.09 all of which were received and accepted by IndyMac.

The Delvas were not in default as they made their payments pursuant to the Loan Modification Agreement, yet their home was sold "on the Courthouse steps" for $60,100.00 on June 7, 2011. The Certificate of Title was issued on March 22, 2012 to an investment company, ILN Management, LLC and now the family will soon be facing an eviction.

The Delva’s are asking and what they have always asked for, is that IndyMac Federal Bank, FSB return the funds to the investment company, ILN Management, LLC and renegotiate the loan. Help us keep this family in their home by delivering this message:

"We, Amos and Claudine’s neighbors, friends, citizens of Broward County and the state of Florida demand that Amos and Claudine Delva of 270 NE 27th Street, Pompano Beach, FL (Broward County Case # CACE 09-000519 (05) be granted the right to stay in their home, the Summary Judgment be vacated, that the title be returned to the Delvas and for IndyMac to return the funds to the investor and to renegotiate the loan in good faith!"

to the following entities:

Circuit Court of Broward County's Chief Judge Peter M. Weinstein - (954) 831-5506
Circuit Court Judge Marina Garcia-Wood - (954) 831-3580
Michael Gomez, Esquire, attorney for ILN Management LLC, (954) 921-7676
FDIC (954) 858-1499
One West FSB f/k/a IndyMac Bank FSB, Karen Lindsey, Administrative Secretary - (626) 535-8407
One West FSB f/k/a IndyMac Bank FSB, David Rodriguez, First VP Loss Mitigation - (512) 918-7077
Comptroller of the Currency, Susan Howard (818) 240-5175
Comptroller of the Currency, South Florida Field Office - (305) 715-1323

Thank you all,
Susan Howai
Occupy Fort Lauderdale Foreclosure Mobilization Working Group
Occupy Our Homes Florida