It looks like another judge “gets” it and has handed a free home to a couple duped homeowners who were really just looking for a little help.
The decision came down on November 19 in New York when Suffolk County Supreme Court Justice Jeffrey A. Spinner condemned the actions of IndyMac Mortgage Services (Now Onewest Bank) and its representatives and proceeded to grant Diana J. Yano-Horoski and husband Greg Horoski a home that is now mortgage and Indymac free!
Apparently Indymac Bank lied in various doctored notices and court papers, claiming a balance due of $527,437.73, including an escrow overdraft of $46,627.88 for advanced taxes. The shenanigans were based on an outstanding loan balance of $283,992.48 as of August 10th and the taxes were already paid.
The great Suffolk county judge awarded the Long Island family an early Christmas present by wiping the slate clean on their mortgage and calling Indymac’s actions “so completely devoid of good faith that equity cannot be permitted to intervene on its behalf.”
Spinner wrote in his decision: “It was celeritously made clear to the Court that Plaintiff had no good faith intention whatsoever of resolving this matter in any manner other than a complete and forcible devolution of title from Defendant.”
Indymac Bank F.S.B. v Yano-Horoski
2009 NY Slip Op 52333(U)
Decided on November 19, 2009
Supreme Court, Suffolk County