OH: Woman's house and goods wrongly "repossessed"

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seamusTX
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by seamusTX »

Keith B wrote:Yeah, try going to Atlanta and only knowing the place you are looking for is on Peachtree. There are 71 streets in Atlanta with a variant of Peachtree in their name.
The city of Houston annexed a lot of small towns and unincorporated areas without bothering to regularize the street name. Thus there are a whole bunch of streets named Houston, Austin, Crockett, Travis, and the like. There also are oddball numbered streets that have no adjacent numbered street. There's an Avenue B that has no adjacent Avenue A or C.

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Re: OH: Woman's house and goods wrongly "repossessed"

Post by Dave2 »

seamusTX wrote:
The Annoyed Man wrote:In all seriousness, what is unfathomable to me is the bank's refusal to reimburse the woman for her losses, which are demonstrably their fault. THAT is criminal.
It's a cause for civil action (i.e., a lawsuit). Who exactly would go to jail if they prosecuted a bank for a crime?
The people who made the mistake. Speaking of which, whose mistake was it? Did the bank give the repo guys the wrong address, or were they just not paying attention? Also, do they work for a separate repo company, or are thy employed directly by the bank?
I am not a lawyer, nor have I played one on TV, nor did I stay at a Holiday Inn Express last night, nor should anything I say be taken as legal advice. If it is important that any information be accurate, do not use me as the only source.
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seamusTX
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by seamusTX »

Dave2 wrote:Speaking of which, whose mistake was it?
This is why it's so complicated.

Somebody somewhere said they knew the right address, but their GPS took them to the wrong place.

Given my experience with GPS, it is not perfect by a long shot. Also many people don't have their street address on their house. I run into that frequently.

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Re: OH: Woman's house and goods wrongly "repossessed"

Post by SewTexas »

they said on the news it was suppose to be the place next door, not that difficult to find, someone was lazy and didn't double check before beginning the clear out.
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by Cedar Park Dad »

seamusTX wrote:
Dave2 wrote:Speaking of which, whose mistake was it?
This is why it's so complicated.

Somebody somewhere said they knew the right address, but their GPS took them to the wrong place.

Given my experience with GPS, it is not perfect by a long shot. Also many people don't have their street address on their house. I run into that frequently.

- Jim
Thats why her attorney will sue everyone. She should come out with some serious bucks for this.
But agreed this is not a commercial case. This is criminal and civil trespass.
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by chasfm11 »

Cedar Park Dad wrote:
seamusTX wrote:
Dave2 wrote:Speaking of which, whose mistake was it?
This is why it's so complicated.

Somebody somewhere said they knew the right address, but their GPS took them to the wrong place.

Given my experience with GPS, it is not perfect by a long shot. Also many people don't have their street address on their house. I run into that frequently.

- Jim
Thats why her attorney will sue everyone. She should come out with some serious bucks for this.
But agreed this is not a commercial case. This is criminal and civil trespass.
:iagree: Right now, there is little incentive for bank executives to get this stuff correct. There are only financial penalties and, as evidenced by the description of what the woman is going through after the fact, there is little incentive for the bank executives to bargain in good faith. If one of them was sitting in a jail cell for 24 hours, the whole picture would change, not only for this experience but for all future dealings in many other banks. This was a criminal act. Like our immigration laws, however, enforcement is pretty much whimsical.
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JALLEN
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by JALLEN »

Serious crimes usually require intent to do the act. Wrongful foreclosure is not a crime, AFAIK.

This has a lot more ramifications than many realize. The property was sold, presumably to someone else. The mortgage described certain real property which is all the bank could sell. I've had 2 cases where a house was built on the wrong lot but not that the wrong one was foreclosed.

Banks are some of the most malevolent, incompetent organizations imaginable. They will twist and turn and wiggle and evade but eventually they will be made to pay for this fiasco
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by RoyGBiv »

Growing up in a big city we had grid numbers for address.

223-20 167th Street was easy to find.

Between 223 & 224 Avenues, on 167th Street (not Road, 167th Road ran parallel to the north), house #20.
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by bizarrenormality »

I bet the dinosaurs also thought they were too big to fail.
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JALLEN
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by JALLEN »

RoyGBiv wrote:Growing up in a big city we had grid numbers for address.

223-20 167th Street was easy to find.

Between 223 & 224 Avenues, on 167th Street (not Road, 167th Road ran parallel to the north), house #20.
This is why legal documents use legal descriptions instead of addresses or other common designations.

I think the news article has it wrong. The bank foreclosed on the right house, by legal description, but took possession of the wrong house when they sent their minions went to do so.

Still it's a royal screw-up that the bank will eventually have to make good on.
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by Dave2 »

JALLEN wrote:Serious crimes usually require intent to do the act. Wrongful foreclosure is not a crime, AFAIK.

This has a lot more ramifications than many realize. The property was sold, presumably to someone else.
Surely with as much paperwork as they do, the bank has records of who they sold what to, right? How long should the bank be given to notify all of their customers that they're in possession of stolen property?
I am not a lawyer, nor have I played one on TV, nor did I stay at a Holiday Inn Express last night, nor should anything I say be taken as legal advice. If it is important that any information be accurate, do not use me as the only source.
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by C-dub »

JALLEN wrote:
RoyGBiv wrote:Growing up in a big city we had grid numbers for address.

223-20 167th Street was easy to find.

Between 223 & 224 Avenues, on 167th Street (not Road, 167th Road ran parallel to the north), house #20.
This is why legal documents use legal descriptions instead of addresses or other common designations.

I think the news article has it wrong. The bank foreclosed on the right house, by legal description, but took possession of the wrong house when they sent their minions went to do so.

Still it's a royal screw-up that the bank will eventually have to make good on.
This is why I'm thinking it is the minions' responsibility and not the bank's. That's who the police should be going after, not the bank.
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by MasterOfNone »

Wouldn't the bank's unwillingness to work to resolve the problem factor into the award of those lucrative punitive damages?
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by Blindref757 »

seamusTX wrote:
The Annoyed Man wrote:Because they quickly run out of idiots (44) and places (50) to name the streets after, ...
Not to nitpick or anything, but four presidents have the same last name (Adams, Johnson, Roosevelt, and Bush). That gets the list down to 40. There was a General James Clinton in the Revolutionary War who got a lot of things named for him. Still, 90 names should be enough for many small towns. Then they can go to heroes of the Alamo, battles (Lexington, Concord, Gettysburg, San Jacinto), etc
- Jim
You forgot M.L. King street. Are you racist? All good towns have M.L. King street! "Martin Luther King stood for peace and non-violence...yet I don't care what city in America you go to, If you are on Martin Luther King street...you can bet there is some violence going down!" --Chris Rock
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by Blindref757 »

MasterOfNone wrote:Wouldn't the bank's unwillingness to work to resolve the problem factor into the award of those lucrative punitive damages?
It would If I was on the jury! Why don't I ever get picked for those panels?!?
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