Bank Won't Quit Demands on Elderly Widow
(CN) - Indymac Bank and its successor, One West Bank, keep trying to foreclose on an elderly widow's house despite two court orders telling them to stop, the 89 year-old woman says in Alameda County Court, Oakland. She says stress from the repeated threats of foreclosure made her husband depressed and may have contributed to his death.
Irene Jones says foreclosure proceedings on her Oakland home were halted twice, first by an order restraining Indymac from foreclosing in February 2008, then by a second order invalidating Indymac's foreclosure proceedings in March 2009.
Nonetheless, Jones says Indymac and One West notified her they would begin foreclosing again in October.
Jones says the first two court orders came after a mortgage broker took money meant to pay off her mortgage in a refinancing loan and "never recorded or received a deed of full reconveyance or release of lien" on the property.
She says her late husband suffered depression and anxiety as a result of Indymac's default notices "demanding payment on a loan that [he] believed and in fact knew was not a loan for which he owed money;" she says this may have contributed to his death in April.
She demands quiet title and damages of $350,000 for elder abuse, negligence, distress and suffering, punitive damages, and an injunction telling the bank to stop trying to take away her house. She is represented by Jonathan Quint.