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Constantino v. Onewest Bank

November 5, 2010

MARGARITA SOLTE CONSTANTINO, AN INDIVIDUAL; JOSEPHINE CONSTANTINO, AN INDIVIDUAL, PLAINTIFFS,
v.
ONEWEST BANK, F.S.B., F.K.A. INDYMAC FEDERAL BANK, A FEDERAL SAVINGS BANK ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES; INDYMAC MORTGAGE SERVICES, A BUSINESS ENTITY OF UNKNOWN JURISDICTION; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., A CALIFORNIA CORPORATION; TRUSTEE CORPS, A BUSINESS ENTITY OF UNKNOWN JURISDICTION; AND DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.



STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW

Date: October 4, 2010

Time: 10:00 a.m.

Ctrm: 8

After consideration of the papers in support of and in opposition to defendant FDIC-Receiver's Motion for Summary Judgment and argument of counsel, the court determines that the following facts have been established as,

UNCONTROVERTED FACTS.

UNCONTROVERTED FACTS SUPPORTING

EVIDENCE

Appointment of the FDIC as Receiver for IndyMac

1. On July 11, 2008, the Office of Thrift Supervision (the "OTS") closed IndyMac Bank, F.S.B. ("IndyMac Bank") and appointed the FDIC as Receiver for IndyMac.

OTS Order No. 2008-24 (Jul. 11, 2008) (Angel Decl., Ex. "A")

The IndyMac Pass-Through Receivership

2. On July 11, 2008, the OTS authorized the creation of a new institution, IndyMac Federal Bank, FSB ("IndyMac Federal"), and appointed the FDIC as conservator for IndyMac Federal ("FDIC-Conservator"). Also on July 11, 2008, the bulk of the assets and deposit liabilities of IndyMac were transferred to the FDIC-Conservator.

OTS Order No. 2008-24 (Jul. 11, 2008) (Angel Decl., Ex. "A")

3. On March 19, 2009, the OTS closed IndyMac Federal and appointed the FDIC as ...


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