Bank of America appears to foreclose on homes with the level of care of a random drive-by shooting. We previously followed the foreclosure of a series of wrong homes (here) while denying any liability for such errors. Now, we can add the names of Charlie and Maria Cardoso, a Massachusetts couple foreclosed despite the fact that even a Bank of America agent was telling the company that it had the wrong house in Spring Hill, Florida.
The couple paid for their retirement home in Spring Hill with cash in 2005. Charlie is an unemployed construction worker and his wife is disabled. Bank of America not only seized the house, removed their belongings, but changed the locks on the doors. I find it mystifying that banks are allowed such relatively unchecked authority.
It turns out that the actual house was across the street and ten houses down. What is particularly alarming is that a realtor with the company tried to stop the bank from making the mistake but to no avail. The couple is suing and it appears that this bank desperately needed to be sued as a corrective measure. They are alleging negligence, trespass, infliction of emotional distress among other claims.
For the full story, click here
Request for Congressional Foreclosure Panel to Examine Foreclosure Lawyers
http://www.change.org/petitions/view/request_for_congressional_foreclosure_panel_to_examine_foreclosure_lawyers#
“Although increasing numbers of courts are continuing to reject improper and fraudulent foreclosures, the Congressional Foreclosure Panel examination of mortgage services and foreclosure practices did not include foreclosure lawyers.
Lawyers are officers of the court; knowledge of applicable laws and civil procedure is not required from mortgage lenders. In states that require judicial foreclosures, lawyers are the ones who file lawsuits to seize and sell property; and lawyers are responsible for filing and recording foreclosure property deeds.
An investigation could prove helpful to sorting out whether improper and illegal foreclosure proceedings are linked to any self-dealing conduct disadvantaging lenders, investors, homeowners, and city governments. . .”
http://www.change.org/petitions/view/request_for_congressional_foreclosure_panel_to_examine_foreclosure_lawyers#
Housing court judge Raymond Pianka in Cuyahoga county (Cleveland) has refused for many months to order foreclosures without every scrap of proper paperwork in hand. Result: almost no foreclosures. He’s also fining non-compliant property owners $1000 a day for violations. Yet we still have thousands of dead properties. The city’s going broke tearing them down.
I am in Florida and I to just found out my home is wrongfully being foreclosed on. Lennar which was the closing agent closed two homes in my community with the same address in the deed. I am running like a mad man trying to fight this with you guessed it, Bank of American. BOA sucks, I have been telling them the deed in wrong and they are foreclosung on the wrong home… they respond “oh okay fax me proof… cant they just look at county records just as I did to duscover this mess… they are clueless on how to work in the real estate industry. if any Lawyers are here email me, I need help to solve this mess. gonzalec_13@yahoo.com
I am so happy that this is happening. BOA has marched around for years as if they can do anything and they are too big to fail. Well the judge here should really make them pay. I am all for it. I pay my mortgage. The fact that others are saying here that this isn’t the first time I am sickened. If BOA ever came to my door with a foreclosure notice I would tell them that they are in for a whole lot of trouble.
What is troubling here is that BOA is just able to foreclose on homes they don’t own. Just imagine coming home with your doors shut and your children outside. They have too much power. I don’t care about any lawyers or anyone. BOA is liable here no matter what it is. I hope the judge decides that this isn’t a case but in fact a milestone for the banks. You are liable for your actions.
Florida is a mortgage lien state. That means that the bank would have had to pursue a judicial foreclosure. What may have happened was that the foreclosure proceeding was maintained against the correct borrowers, but after the judgment and sale occurred, a writ of possession was served at the wrong address and an innocent couple was dispossessed. The error could have been in the street address appearing on the writ of possession or the sheriff may have simply gone to the wrong address. There are several possible defendants, but the homeowners win regardless.
BAC understands they are too big to fail, thus acting above the law, continuing an alarming surge in reckless business practices that appears to have no remorse or care for the destruction of the implied trust that makes business work. It’s time to stop supporting these harmful institutions, sell your stock, close your accounts tell your friends, we the people are too big to fail, let exercise our voice, and stop feeding these rodents.
AY-
Um, ok. I never said a thing about the amount of notice needed. I just pointed out that the original mistake was not necessarily an attorney’s, and you seem to be agreeing with me.
But they still HAVE TO GIVE NOTICE. 20, 20 and about 15 days. Less than 2 months and they have the house. Try it without doing that and you my friend have bought another action that will get the Home Owner almost a free house.
No Attorneys no court need get involved unless the Deed Holder does not follow the correct procedure.
Anonymously Yours:
You need to clarify your questions a bit. In traditional mortgage states, to foreclose on a house, it’s a judicial foreclosure. The lender has to go to court and litigate the foreclosure, which needless to say, involves attorneys. The process is usually very lengthy.
In Texas, it’s a deed of trust instead of a mortgage, and it functions differently. There is no need to go to court for foreclosure — a trustee (who may or may not be an attorney and is often the title company) holds the deed, and the lender can go straight to him, prove default, and bam, they get the deed. No court required.
You marketing strategy is a little late for the day.
I’m seriously considering reopening my wife’s uncle’s leather goods factory to make horsewhips. The need cries out…
“I find it mystifying that banks are allowed such relatively unchecked authority.” (JT)
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There oughta be a law … it is time to protect innocent citizens from housebreaking and vandalism by thugs attempting to gain ownership of property through false representation.
Gang-bankers are a scourge upon our society and should be incarcerated in order to protect the law abiding population from further acts of home invasion.
Jason,
Is it not true that a Mortgage will not be written in Texas if they do not sign off on this? Other than that, Texas would have to comply with the same as every other state?
@Alan
Texas does not have traditional judicial foreclosure. It’s entirely possible that no lawyers were involved in this process, or that if any were, they had nothing to do with the mistake.
You say it is the Attorney. But for them you would be remiss.
You blame this on Bank of America but surely it was attorneys hired or employed by the bank who were doing the foreclosure. The title of this post could just as easily be “Lawyers Foreclose Again On The Wrong House”
“Charlie and Maria Cardoso,”
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Funny how creations turn into monsters over time. The BOA was founded by lettuce dealer, Amadeo Giannini, who created the predecessor Bank of Italy in San Francisco, for the purpose of catering to immigrants other banks would not serve. My family experienced this very real discrimination and overcame it to found our family business which turns 76 this year. I wonder if Amadeo would be as revulsed as I am at this complete overturning of all he stood for and the evil he worked so hard against.
Now where do I stand in line to get my Bonus? These are just the ones we hear about.