TELLADO et al v. INDYMAC MORTGAGE SERVICES et al

Filing 55

ORDER THAT DEFENDANT ONEWEST BANK, FSB SHALL REFUND ALL PAYMENTS MADE UNDER THE MORTGAGE REFINANCING LOAN AGREEMENT WITH PLAINTIFFS, CANCEL AND RETURN ANY NEGOTIABLE INSTRUMENT EXECUTED BY THE PLAINTIFFS IN CONNECTION WITH SUCH MORTGAGE REFINANCING TRANSACTION, AND TAKE ANY ACTION NECESSARY OR APPROPRIATE TO TERMINATE PROMPTLY ANY SECURITY INTEREST CREATED IN THE MORTGAGE REFINANCING TRANSACTION. SIGNED BY HONORABLE PETRESE B. TUCKER ON 7/25/2011. 8/9/2011 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOSE TELLADO AND
MARIA TELLADO,
Plaintiffs,
v.
INDYMAC MORTGAGE SERVICES,
a division of One West Bank, FSB,
Defendant.

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CIVIL ACTION
NO. 09-5022

ORDER

AND NOW, this ___ of July, 2011, upon consideration of the evidence presented at the bench
trial held in this matter on November 8, 2010, IT IS HEREBY ORDERED AND DECREED that
Defendant OneWest Bank, FSB shall refund all payments made under the mortgage refinancing loan
agreement with Plaintiffs, cancel and return any negotiable instrument executed by the Plaintiffs in
connection with such mortgage refinancing transaction, and take any action necessary or appropriate to
terminate promptly any security interest created in the mortgage refinancing transaction.1

BY THE COURT:
/s/ Petrese B. Tucker
__________________________________
Hon. Petrese B. Tucker, U.S.D.J.

1

The above remedy is permissible under 73 P.S. § 201-7(g). This Court’s accompanying bench trial
memorandum, dated July 25, 2011, sets forth the Court’s rationale for the present Order.