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

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

Post by seamusTX »

It's not just the cops busting down the door of the wrong house for some bogus warrant.

In Athens County, Ohio (middle of nowhere), a woman came home from vacation to find the locks on her house changed. She gained entry to the house and found that everything that she owned was gone.

A bank had mistakenly foreclosed on her house, seized all her property, and sold it.* The house that they should have foreclosed on was across the street.

The police declined to treat the issue as a crime (which I can understand).

The bank declined to reimburse the woman for her claim of $18,000 worth of vanished property. They also declined to respond to media inquiries.

http://www.clevescene.com/scene-and-hea ... ners-stuff" onclick="window.open(this.href);return false;

I sincerely hope she gets a good lawyer and sues the stuffing out of those morons.

*Probably sold it to a junk dealer, who resold it at a flea market or on eBay.

- Jim
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chasfm11
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by chasfm11 »

OK. Color me stupid but how is this not:
1. Breaking and entering
2. Burglary

The fact that an organization did it, not a person shouldn't change the outcome. The bank had no legal claim on anything that they took. They gained access to the house the same as a common burglar.

It speaks volumes about the public sentiment in Ohio that the population isn't storming the bank responsible. That could have been any house of any resident.

I don't see that situation going as well for the bank here in Texas.
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apostate
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by apostate »

She's lucky. If she lived in Fort Worth the city might have demolished her house.
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seamusTX
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by seamusTX »

chasfm11 wrote:... how is this not:
1. Breaking and entering
2. Burglary
Intent.

The same as mistaken warrants, someone who has a "good faith" rationale for an action gets a break from criminal charges.

- Jim
Dave2
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by Dave2 »

chasfm11 wrote:OK. Color me stupid but how is this not:
1. Breaking and entering
2. Burglary

The fact that an organization did it, not a person shouldn't change the outcome. The bank had no legal claim on anything that they took. They gained access to the house the same as a common burglar.
Yep. No clue why the cops didn't arrest the people involved.
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:No clue why the cops didn't arrest the people involved.
Small town. Large bank.

Any further questions? :mrgreen:

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

Post by Dave2 »

seamusTX wrote:
Dave2 wrote:No clue why the cops didn't arrest the people involved.
Small town. Large bank.

Any further questions? :mrgreen:

- Jim
Yeah, why aren't the cops doing their job?
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.
chasfm11
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by chasfm11 »

seamusTX wrote:
chasfm11 wrote:... how is this not:
1. Breaking and entering
2. Burglary
Intent.

The same as mistaken warrants, someone who has a "good faith" rationale for an action gets a break from criminal charges.

- Jim
But officer, I didn't intend on speeding. I was thinking pure, legal speed limit thoughts. :biggrinjester:

Good faith, at least for me, means prudent action. One could make a case that if address number was the same on a different street. A totally different house number on a totally different street = negligence. Negligence should be no different than malicious intent.
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seamusTX
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by seamusTX »

chasfm11 wrote:But officer, I didn't intend on speeding. I was thinking pure, legal speed limit thoughts.
I thought the speed limits were recommended minimums. They sure are in Houston. :mrgreen:
Good faith, at least for me, means prudent action.
I agree, but I don't make or enforce the rules.

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

Post by jimlongley »

When I lived in Plano, my address was 8517 Wildcreek Dr. Our house was on the corner of Wildcreek and Valley Falls, and the house on the opposite corner was 8517 Valley Falls, and we got each others' mail and visitors regularly, and once UPS delivered a very heavy order of ammo to them instead of me, and didn't stick around to get the required signature either, and left it blocking their front door.

I was always a little worried about the possibility that the FD or police might go to the wrong address in an emergency,l wasting precious minutes, but I never considered a mistaken identity repo or raid.
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seamusTX
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by seamusTX »

I get mail for the wrong houses all the time because Galveston has this ingenious system of naming streets Avenue O, O 1/2, P, P 1/2, Q, and Q 1/2, etc.

Other places have similar problems with adjacent streets with names names like Chestnut Place, Chestnut Circle, etc.

I don't know why they can't just name streets after presidents and states.

- Jim
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The Annoyed Man
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by The Annoyed Man »

seamusTX wrote: get mail for the wrong houses all the time because Galveston has this ingenious system of naming streets Avenue O, O 1/2, P, P 1/2, Q, and Q 1/2, etc.

Other places have similar problems with adjacent streets with names names like Chestnut Place, Chestnut Circle, etc.

I don't know why they can't just name streets after presidents and states.

- Jim
Because they quickly run out of idiots (44) and places (50) to name the streets after, and then they have to resort to "Arizona, Arizona 1/2, California, California 1/2" streets, and "Clinton, Clinton 1/2" avenues.
:biggrinjester:

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. The accident can be judged an accident because there is no intent, but that doesn't relieve them of the financial obligation to make the woman whole again. If I accidentally drive a car into your living room, destroying its contents, I'm not guilty of theft, but I AM obligated to fix your living room and replace its contents. That's just common law and common sense. So in that regard, they ARE criminalistic.
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Purplehood
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by Purplehood »

They could make good by giving the proceeds from the place that should have been cleaned-out, to the lady that actually was.

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

Post by Keith B »

seamusTX wrote:I get mail for the wrong houses all the time because Galveston has this ingenious system of naming streets Avenue O, O 1/2, P, P 1/2, Q, and Q 1/2, etc.

Other places have similar problems with adjacent streets with names names like Chestnut Place, Chestnut Circle, etc.

I don't know why they can't just name streets after presidents and states.

- Jim
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. :shock:
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seamusTX
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Re: OH: Woman's house and goods wrongly "repossessed"

Post by seamusTX »

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.
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? That is always a problem with this kind of thing.

- Jim
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