Bank forecloses on wrong house; owners told tough.

[DaShi]

Now that's an axe to grind.

[Ben Kenobi]

Have you heard of corruption within the Harding Administration? You may need to do some research and do a thread about it

Harding? You sure he's up to that?

Polk might be more his speed.

[Kitschum]

Sounds like Russia.

[onodera]

No, Kitschum. We're a former socialist country, banks have to go through great pains to obtain foreclosure. At the very least you need the owner and a court marshal present when entering the contested property.

[Zevico]

No, Kitschum. We're a former socialist country, banks have to go through great pains to obtain foreclosure. At the very least you need the owner and a court marshal present when entering the contested property.

I'm not an expert on Russia but my impression was that it's legal system was a corrupt joke. You're telling me the court marshal and/or judge can't be bribed?

[Zevico]

Wow, I can't believe this is legal. Someone should get shot for this crap.

Firstly, if the allegations here are proved, then the bank has acted illegally, but not criminally.

If the plaintiff's case is made out, the bank could be liable for trespass and negligence (among other matters). If they succeed, they can certainly get compensation for the foreclosure. These are the civil (not criminal) wrongs for which the plaintiffs are suing the bank.

But remember that even if the plaintiffs are right, they're suing possibly because the bank's officers made a simple clerical mistake. That's all the plaintiffs need to prove to win, and it's not a criminal offence. We simply don't know if the bank's officers did this deliberately. If so, then I would say that this constitutes fraud, and is (or ought to be) a criminal offence.

But who knows? Maybe there's not enough evidence to prosecute the case regardless. Proving something 'beyond reasonable doubt' is much harder than proving it on the balance of probabilities (the civil standard).

[onodera]

I'm not an expert on Russia but my impression was that it's legal system was a corrupt joke. You're telling me the court marshal and/or judge can't be bribed?

Why the **** would a bank spend its money on bribes to obtain foreclosure on the wrong house?

[Kitschum]

Why the **** would a bank spend its money on bribes to obtain foreclosure on the wrong house?

Cuz it's Russia. Duh.

[onodera]

Cuz it's Russia. Duh.

**** you, you ****ing troll.

[Kitschum]

Oh, jeez. Did your Lada break down this morning or what are you so grumpy about?

[KyleH]

Making a mistake like that is preposterous.

[notyoueither]

http://www.digtriad.com/news/watercooler/article/178031/176/Florida-Homeowner-Forecloses-On-Bank-Of-America

Bank of America Gets Pad Locked After Homeowner Forecloses On It
7:07 AM, Jun 5, 2011

Collier County, Florida -- Have you heard the one about a homeowner foreclosing on a bank?

Well, it has happened in Florida and involves a North Carolina based bank.

Instead of Bank of America foreclosing on some Florida homeowner, the homeowners had sheriff's deputies foreclose on the bank.

It started five months ago when Bank of America filed foreclosure papers on the home of a couple, who didn't owe a dime on their home.

The couple said they paid cash for the house.

The case went to court and the homeowners were able to prove they didn't owe Bank of America anything on the house. In fact, it was proven that the couple never even had a mortgage bill to pay.

A Collier County Judge agreed and after the hearing, Bank of America was ordered, by the court to pay the legal fees of the homeowners', Maurenn Nyergers and her husband.

The Judge said the bank wrongfully tried to foreclose on the Nyergers' house.

So, how did it end with bank being foreclosed on? After more than 5 months of the judge's ruling, the bank still hadn't paid the legal fees, and the homeowner's attorney did exactly what the bank tried to do to the homeowners. He seized the bank's assets.

"They've ignored our calls, ignored our letters, legally this is the next step to get my clients compensated, " attorney Todd Allen told CBS.

Sheriff's deputies, movers, and the Nyergers' attorney went to the bank and foreclosed on it. The attorney gave instructions to to remove desks, computers, copiers, filing cabinets and any cash in the teller's drawers.

After about an hour of being locked out of the bank, the bank manager handed the attorney a check for the legal fees.

"As a foreclosure defense attorney this is sweet justice" says Allen.

Allen says this is something that he sees often in court, banks making errors because they didn't investigate the foreclosure and it becomes a lengthy and expensive battle for the homeowner.

CBS News / WINK

[KrazyHorse]

Everything here seems perfectly reasonable other than BAML's refusal to pay what had been ordered. The original misake was perfectly understandable given the size of thebank's mortgage business, and so was was the civil judgment against the bank.

[Nikolai]

**** you, you ****ing troll.

He has a point. Russia is known to be very corrupt.

[Aeson]

Everything here seems perfectly reasonable other than BAML's refusal to pay what had been ordered.

If we accept that ****ups are reasonable because there are (unavoidable or predictable) factors as to why ****ups are going to happen, then the refusal to pay was also reasonable. (We may not have to go that far either.)