Anna Ramirez has a right to be a bit peeved. Recently, her family (including her husband, daughter and grand children) was thrown on the street with little warning and her house auctioned off at a fraction of what she paid for it. It turns out that foreclosure was a mistake the clerk’s office and sheriffs were sent to kick out Ramirez and throw her things and family into the street.
The bank sold the house for $87,000 — Ramirez paid $260,000.
They were given just three hours to get out of the house and spent days getting a court order to return to the house. This should make for an interesting torts lawsuit when you include the embarrassment and emotional distress caused by the utter negligence.
For the full story, click here.
There seems to be at least 5 major fundamental torts committed by the City here.
Notice of eviction/forclosure
Defamation
Illegal seizure
Possibly illegal detention
Robbery at gunpoint
Ahh, it is just so wrong on so many levels it makes my legal mind hiccup in place.
The City should be OWNED by this family when they are through with them.
puzzling,
As always, new information may change analysis. I was operating on what I had this early morning. If Dade Co. dropped the ball instead of/in addition to of the bank, I have no problem with Dade Co. being sued either just as long as this family is made whole from whomever the incompetent party may be.
puzzling,
Is this really government incompetence, or is it merely the mistaken actions of one individual? I know it’s fashionable and easy to cry government incompetence, hell I do it as well, but I think that in some instances it’s an inaccurate statement.
Who was the house sold to? Could the buyer have a claim for fraud and sue for out of pocket expenses? Presumably the contract for sale is void, or at least voidable.
I’m not so sure that further banking regulation would have solved this one, BIL. Looks like just another example of government incompetence:
The clerk of court’s office said it handles thousands of cases and this was caused by a human error. The clerk of courts said he planned to call Ramirez to apologize.
http://www.justnews.com/news/20436071/detail.html
“A mistake in the Miami-Dade Clerk’s Office appears to be behind the mishap, which landed Ramirez homeless for more than 24 hours.”
WaMu, sounds like they are going to have some very, very interesting legal issues bitting them in the behind. Settle I say.
But the banking and finance industry don’t need regulation and anyone suggesting otherwise is paying attention, er, um, a pinko commie.
Seriously, I hope the Ramirez family takes those clowns at Chase to court and cleans their clock.