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Thread: Bank repossessed wrong home, won't pay up

  1. #1
    Elite Member greysfang's Avatar
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    Default Bank repossessed wrong home, won't pay up





    Bank Repossesses Wrong House, Sells Off Homeowner's Stuff

    An Ohio bank is refusing to reimburse a Vinton County woman whose house they unjustly repossessed while she was out of town.

    Katie Barnett recently returned home after being away for two weeks to find that the lock on her door had been changed. She crawled in through the window to find all of her stuff missing.

    Barnett suspected she had been robbed — and she wasn't too far off.

    It seems that, while Barnett was gone, the First National Bank of Wellston arrived at her place of residence, broke in, and took possession of all her belongings, including the house.

    Except, as it later turned out, they had the wrong address.

    "They told me that the GPS led them to my house," Barnett told 10TV. "My grass hadn’t been mowed and they just assumed."

    Phoning the local police to report the incident did Barnett little good, as the McArthur Police Chief refused to investigate and considered the case closed.

    But for Barnett, the ordeal is very much ongoing.

    With all of her stuff either sold off by the bank or thrashed, the homeowner presented the bank's president with an $18,000 estimate for restitution.

    He refused to pay up.

    "He got very firm with me and said, ‘We’re not paying you retail here, that’s just the way it is,’"Barnett recalled. "I did not tell them to come in my house and make me an offer. They took my stuff and I want it back."

    The bank's president claims he is trying to "come to terms" with Barnett, but she denies this.

    "I’m getting attitude from them," she said. "They’re sarcastic when they talk to me. They make it sound like I’m trying to rip the bank off. All I want is my stuff back."

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    Elite Member McJag's Avatar
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    No! What a nightmare,but they will end up paying her much more than this.
    I didn't start out to collect diamonds, but somehow they just kept piling up.-Mae West

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    Elite Member KrisNine's Avatar
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    JFC!! This is just insanity. Hopefully, the media will be able to get some results for her. What a nightmare.

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    Elite Member Bluebonnet's Avatar
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    Get a good lawyer and SUE!
    Novice likes this.
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    Super Moderator twitchy2.0's Avatar
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    Quote Originally Posted by McJag View Post
    No! What a nightmare,but they will end up paying her much more than this.
    or not. who's going to make them?
    As Canadian as possible under the circumstances

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    Elite Member McJag's Avatar
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    Quote Originally Posted by twitchy2.0 View Post
    or not. who's going to make them?
    Even a good law student could fix this one.
    I didn't start out to collect diamonds, but somehow they just kept piling up.-Mae West

  7. #7
    Super Moderator twitchy2.0's Avatar
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    maybe someone should fix the underlying issue because this happens with disturbing regularity
    chartreuse likes this.
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    Elite Member KrisNine's Avatar
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    I don't see how this isn't a police matter. So now banks can do what they want, to people that aren't even their own customers? That doesn't even make sense to me.
    Kittylady and nancydrew like this.

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    Elite Member Lobelia's Avatar
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    It does???
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    Elite Member McJag's Avatar
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    Quote Originally Posted by KrisNine View Post
    I don't see how this isn't a police matter. So now banks can do what they want, to people that aren't even their own customers? That doesn't even make sense to me.
    It is Ohio,still! Bed press is someting banks are scared of,so I think this will get straightened out.
    I didn't start out to collect diamonds, but somehow they just kept piling up.-Mae West

  11. #11
    Super Moderator twitchy2.0's Avatar
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    No, it will continue to happen. She may get a small amount of money in compensation, but she's lost every memento, every heirloom.

    "Richard Fersch, the sergeant in charge of foreclosures in the Allegheny County, Pa., Sheriff's Office. Fersch fields about one complaint a week from homeowners who return home to discover new locks on their doors. "But for some reason when these contractors ride by residences and don't see anyone home, they just jump the gun and change the locks. They even lock pets inside."

    A review of court records by The Huffington Post turned up more than 50 homeowner lawsuits against banks and the two largest property management contractors in the U.S., Safeguard Properties and Lender Processing Services, stemming from break-ins of occupied homes. The allegations follow five years of generally woeful management of the foreclosure industry by all involved, as the inspector general for the Federal Housing Finance Agency, which oversees Fannie Mae and Freddie Mac, is raising red flags about the lack of contractor oversight by the government-backed mortgage giants.
    A June report by the inspector general cited deficiencies "in key [foreclosed home] contractor management controls" at Fannie and Freddie, which own or guarantee more than half of all home loans in the United States. Kristine Belisle, a spokeswoman for the inspector general, said she could not comment on whether the potential misconduct described in the report includes instances of wrongful contractor break-ins."http://www.huffingtonpost.com/2012/07/18/bank-contractors-break-ins_n_1682672.html

    ------------------------------------------------------


    "It sure did suck for an elderly couple in California when their home was mistaken for a nearby foreclosure and cleaned out by the bank. Alvin and Pat Tjosaas lost tools, antiques, appliances and sentimental items, including Alvin's late father's World War I uniform. They assumed it was a break-in, but then it happened again. Defying all odds, Wells Fargo allegedly managed to send two separate contractors to the same wrong house to clean out it before foreclosure. First in June, and then, just as the Tjoaas had cleaned up their second house in Twentynine Palms, it happened again over Labor Day weekend" http://now.msn.com/wells-fargo-bank-...ng-house-twice

    -----------------------------------------------------

    "She returned home to find her locks had been changed, her furniture and carpets had been damaged, her belongings had been scattered and the bird missing. A notice on her door told her to contact Bank of America, which "initially falsely denied responsibility or knowledge of the invasion and refused" to help her, the suit said. The bank also acknowledged they knew the parrot's whereabouts, it said.

    In further calls, Bank of America representatives told Ms. Iannelli they couldn't help her, told her to stop calling, said they were "tired of hearing from her" and put her on hold, told her to call back later and hung up on her, the suit said.

    About a week later, Bank of America told her it had "made a mistake" and told her where she could find her parrot, but said she would have to travel to Ebensburg to retrieve it."


    http://www.post-gazette.com/stories/...#ixzz2Zzw1ijsh

    --------------------------------------------------

    "Warren and Maureen Nyerges, originally from Cleveland, Ohio decided to call Florida their new home and shelled out $165,000 cash, to buy a home in Naples. Four months later a Bank of America processor came knocking at the door.
    The couple told Bank of America officials the house was paid in full. But, the bank wasn't hearing any of it and told the couple to get a lawyer.
    Bank of America filed a foreclosure claim against the couple, so the the Nyerges took the bank to court. The couple won, and then asked Bank of America to pay for more than $2,000 attorney fees. A judge ruled in their favor, but the bank never paid up."http://www.richepstein.com/bank-of-america-really-forecloses-on-the-wrong-house/

    --------------------------------------------------

    "In Clawson, Mich., Nancy Cox returned home to find her possessions in the front yard, smashed with a sledgehammer, and a chalk drawing of a clown face on her garage with the tagline, "another job well done.


    For Kenneth and Margaret Karpa in Pittsburgh, china and photos of their daughter were damaged. Missing belongings included a coin collection and the family cat.


    In Kansas City, Allen Danforth discovered his elderly parents' furnishings -- tables, chairs, family heirlooms -- gone."http://www.huffingtonpost.com/2012/07/18/bank-contractors-break-ins_n_1682672.html

    ------------------------------------------------


    Eighty-two-year-old Benito Santiago Sr returned to Tampa from vacation in 2009, and found his residence padlocked, and his life's possessions gone.
    But as public records show, the home was not in foreclosure. http://www.dailymail.co.uk/news/arti...#ixzz2ZzxFZlV4


    -----------------------------------------------

    " GALVESTON — A West End property owner is suing Bank of America Corp., asserting its agents mistakenly seized a vacation house he owns free and clear, then changed the locks and shut the power off, resulting in the smelly spoiling of about 75 pounds of salmon and halibut from an Alaska fishing trip and other damages.

    Dr. Alan Schroit filed the lawsuit Monday in the 122nd State District Court in Galveston against the bank with which he has neither a relationship nor a mortgage.

    Schroit, a retired professor at M.D. Anderson Cancer Center in Houston, is suing for wrongful invasion of his house in the 4100 block of Green Heron Drive in the Pointe West subdivision.
    He filed the lawsuit after he and Bank of America were unable to agree on a settlement, attorney Barry A. Brown said."http://www.realtypartnersonline.com/articles/lawsuit-accuses-bank-of-seizing-wrong-house

    ----------------------------------------------

    "a mistake in processing a foreclosure led to the eviction and subsequent auction of Miami resident Anna Ramirez's house. The eviction, which occurred without any of the normal notices, left Ramirez and her extended family with three hours to gather their belongs and without a roof over their heads.
    The ordeal came to a climax after her $260,000 house was sold for $87,000 at a public auction and Miami-Dade police evicted the family from the house. Thankfully with the help of a neighbor Ramirez was able to get the sale overturned and move back in within a few days; battered furniture and all. She is currently looking at legal means of recovering damages to her belongings."http://www.dailyfinance.com/2009/08/19/bank-auctions-wrong-house-in-miami-not-the-first-time/

    --------------------------------------------



    Last edited by twitchy2.0; July 24th, 2013 at 03:56 PM.
    As Canadian as possible under the circumstances

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  12. #12
    Elite Member Quazar's Avatar
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    I'm sure she'll get much more back now that this has been publicized. The lawyers are probably fighting over who gets the case. And the President of the bank should be charged with breaking and entering and burglary.

    I'll just note that this happened in Ohio....
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    Elite Member Trixie's Avatar
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    Well, it could be worse. At least she still has the house. But I think that bank is crazy for not settling if all she wants is $18k. Could you replace everything in your house for $18k? I couldn't.

    Texas city mistakenly demolishes wrong house

    David Underwood of Fort Worth got a surprise when he turned on to Watercress Drive and realized his lake house, left to him by his grandmother, was no longer there.

    Comments (16)BY SASHA GOLDSTEIN / NEW YORK DAILY NEWS

    TUESDAY, JULY 16, 2013, 11:08 AM

    Whoops.
    That’s all the city of Fort Worth, Texas, can tell one homeowner after a demolition crew leveled his house instead of the condemned one next door.


    "We came around Silver Creek looking for the lot and my wife said, David… I think the house is gone," homeowner David Underwood told KDFW-TV. "I was like, what? and we looked up there and sure enough, it's gone!”
    The three-bedroom, ranch-style lakefront home, once owned by Underwood’s late grandmother, had been torn down - by mistake. The contractors were meant to tear down the condemned house next door, but instead took down Underwood’s vacant home, last appraised at $82,000.
    KDFW

    This home at 9708 Watercress Drive has been condemned and slated for demolition since January. The neighboring home was taken down instead.


    "On July 12, 2013, contractors demolished the wrong property on Watercress Drive,” the city’s code compliance officer wrote in a statement. “The property to be demolished should have been 9708 Watercress Dr. The property that was demolished was a vacant structure located at 9716 Watercress Drive."
    It’s a blunder seemingly without precedent. The Underwoods live nearby, but with their children leaving home, they planned to fix up and move into the lake house left after David’s grandmother’s death. Though mostly empty, the house did contain books and some antiques, Underwood said.


    “As we left, I saw two city marshals on patrol and I said, ‘Hey, what happened? Somebody tore down our house’ and he goes ‘That was your house? Oops,’” Underwood recalled.
    The city has met to discuss what went wrong and has reached out to Underwood to discuss a compensation package for his lost home. Underwood, who works to build community centers in poor neighborhoods, is willing to forgive the blunder.
    GOOGLE

    This Google Maps image shows what David Underwood’s home looked like before the city of Fort Worth mistakenly demolished it.


    “I see so much around here, people that need help and have less that, it’s an accident, let’s do what’s right and move on,” he said.
    sgoldstein@nydailynews.com or follow on Twitter


    Read more: Texas city mistakenly demolishes wrong house* - NY Daily News
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    Elite Member MohandasKGanja's Avatar
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    My proposed legislation for the You Never Should Have Been in My F*cking House in the First Place Act:

    1. If a bank that doesn't own your house, destroys it, it is an act of terrorism. All people who sit on the board of directors of that particular bank are automatically added to the DHS and TSA's "Do Not Fly" list.

    2. If a bank that doesn't own your house, occupies it and removes and sells your belongings, it is a criminal offense - burglary. Bank officials providing false information to the sheriff's department will now have criminal records, and lose their applicable financial services licenses as a result.

    3. Civil proceedings will immediately follow criminal convictions and be fast tracked, with punitive damages applicable and actual damages assessed at twice the retail amount of all lost items, as well as repair costs to the house.

  15. #15
    Super Moderator twitchy2.0's Avatar
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    good luck with that. Justice belongs to the rich.
    Mel1973 likes this.
    As Canadian as possible under the circumstances

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