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Couple's paid-off home foreclosed mistakenly
local10.com ^ | 3/17/14 | Roger Lohse

Posted on 03/18/2014 9:47:29 PM PDT by Kartographer

A Broward County couple wants answers from the bank that foreclosed on their home mistakenly.

The couple returned from New York to find their locks had been changed and some of their stuff was gone. But it turns out the whole thing was a mistake.

"I said, 'Mel, we've been robbed.' We couldn't believe what had happened," said homeowner Harriett.

(Excerpt) Read more at local10.com ...


TOPICS: Crime/Corruption; US: Florida
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I was chastised and was absolutely assured by more than a few FReepers that Banks and their contractors dod not make such mistakes and when that happens its only to 'deadbeats', yet the under headline to this story reads:

SafeGuard Properties sued in 31 states for "legalized burglary"
1 posted on 03/18/2014 9:47:29 PM PDT by Kartographer
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To: blam

PING!


2 posted on 03/18/2014 9:47:52 PM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: Kartographer

I was thinking that what business have the banks in hiring private contractors to do this, shouldn’t they be working through the sheriffs?

But then I thought, it’s probably better that they use private contractors, because private contractors can be sued.


3 posted on 03/18/2014 9:58:25 PM PDT by jdege
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To: Kartographer

The headline is wrong. They were not “foreclosed” upon. No foreclosure proceeding was done. They were simply burglarized and forcibly ejected from possession.


4 posted on 03/18/2014 9:59:57 PM PDT by Flash Bazbeaux
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To: jdege

Using Sheriffs? Not all, but many many banks not long have respecy for property rights or property laws.


5 posted on 03/18/2014 10:02:35 PM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: Kartographer

Isn’t that [grand] larceny?
Wouldn’t the bank be very, very liable in court?


6 posted on 03/18/2014 10:03:56 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark

You are kidding right? The people will be luck if they recover their cost.


7 posted on 03/18/2014 10:06:45 PM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: OneWingedShark

Yea verily.


8 posted on 03/18/2014 10:07:05 PM PDT by Psalm 144 (My citizenship is not here.)
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To: Kartographer
You are kidding right? The people will be luck if they recover their cost.

No, not at all; this is entirely unacceptable and I would have a hard time believing a jury would fail to find for the home-owners, even less-so than the benefit of the doubt extended to police officers (which itself seems to be very, very close to evaporating).

9 posted on 03/18/2014 10:09:24 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark; blam

I am being more than a bit sarcastic tonight, but their is a core group of FReepers for whom banks can do no wrong. A group that if the law says you do a then b then c and in that order the banks should be/are be exempt because the law is either archaic as it not efficient and does not meet their business model. And when they are in the wrong it is only because they were trying to meet government regulations. To these FReepers its been over 2000 years since anyone roamed the earth that were more innocent and preu of heart. Did I cover it blam?


10 posted on 03/18/2014 10:16:09 PM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: Kartographer

Or, that evil can’t be encoded in statute.


11 posted on 03/18/2014 10:17:21 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Kartographer

If they come home and discover a “contractor” burglarizing their house this way and the “contractor” happens to be shot during the resulting altercation what is the legality?

If they use deadly force on a brazen intruder do they get arrested? Convicted?


12 posted on 03/18/2014 10:17:26 PM PDT by CurlyDave
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To: HiTech RedNeck
Or, that evil can’t be encoded in statute.

I think ObamaCare is a counterproof of that.

13 posted on 03/18/2014 10:19:10 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Kartographer
I am being more than a bit sarcastic tonight

Not a problem; we all get that way at times.

but their is a core group of FReepers for whom banks can do no wrong.

I would recommend reading James 5, that should disabuse that notion.

14 posted on 03/18/2014 10:28:46 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Kartographer

Any bank that makes this kind of mistake should be treated like a burglary ring. People should go to jail.


15 posted on 03/18/2014 10:35:44 PM PDT by Arthur McGowan
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To: Arthur McGowan

Because of the way it acts under color of law it gets treated as a civil matter. I’d think a bad reputation would follow an operation like this pretty quickly, though. It will embarrass the bank.


16 posted on 03/18/2014 10:39:02 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: OneWingedShark

Certainly, capitalism is not the all-exonerating virtue. That’s a cross there on Calvary. Not a dollar sign!


17 posted on 03/18/2014 10:40:30 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: OneWingedShark
Wouldn’t the bank be very, very liable in court?

I would think so. Take a house-sized ding out of the bank's hide.

Then the bank, in turn, can go after the twerps they hired as enforcers, that is unless they've learned the Law of Holes.

18 posted on 03/18/2014 10:45:52 PM PDT by cynwoody
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To: CurlyDave

“If they come home and discover a “contractor” burglarizing their house this way and the “contractor” happens to be shot during the resulting altercation what is the legality?”

Well, in Colorado, if you believe they are acting in a threatening manner, you pretty much can shoot them dead as long as they are in your house. I would imagine it wouldn’t come to that though if the owner is armed. If it was me and I was armed, I would hold them at gunpoint, explain the castle doctrine to them while they were being held, call 911, and then press charges for B&E and burglary as soon ass the police arrived.

These people didn’t have that option though since the B&E was done while they were out of state.


19 posted on 03/18/2014 10:45:55 PM PDT by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
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To: HiTech RedNeck
It will embarrass the bank.

Embarrassment is fine, however what will actually change their behavior is million$ of dollar$ in judgement$ against them.
20 posted on 03/18/2014 10:49:36 PM PDT by rottndog ('Live Free Or Die' Ain't just words on a bumber sticker...or a tagline.)
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To: jdege

Private contractors get to keep all the furnishings and jewelery and stuff. I wonder who pays who for doing it.


21 posted on 03/18/2014 10:49:54 PM PDT by arthurus (Read Hazlitt's Economics In One Lesson ONLINEhttp://steshaw.org/economics-in-one-lesson/)
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To: CurlyDave
If they come home and discover a “contractor” burglarizing their house this way and the “contractor” happens to be shot during the resulting altercation what is the legality?

That's an optimal outcome!

Trash is removed from the gene pool.

Then bank is sued for inconvenience and home owner's emotional distress at having been driven to commit homicide. Lifetime of psychiatric counseling, dontcha know.

22 posted on 03/18/2014 10:52:25 PM PDT by cynwoody
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To: Kartographer
"I said, 'Mel, we've been robbed,"

And, Harriet, you were right. You were robbed. Prosecute.

23 posted on 03/18/2014 10:53:18 PM PDT by Jemian (War Eagle!)
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To: Kartographer

It has happened many many times. Often the target house is stripped to the walls. People have been forcibly ejected from their homes in “mistaken” foreclosures. “Wrong addresses” happen. People do not, of course, get their possessions back. Possessions are either sold immediately (by a contractor)or destroyed.


24 posted on 03/18/2014 10:54:41 PM PDT by arthurus (Read Hazlitt's Economics In One Lesson ONLINEhttp://steshaw.org/economics-in-one-lesson/)
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To: Kartographer
many many banks not long have respecy

??

25 posted on 03/18/2014 10:55:51 PM PDT by arthurus (Read Hazlitt's Economics In One Lesson ONLINEhttp://steshaw.org/economics-in-one-lesson/)
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To: HiTech RedNeck

Banks now are beyond embarrassability.


26 posted on 03/18/2014 10:57:47 PM PDT by arthurus (Read Hazlitt's Economics In One Lesson ONLINEhttp://steshaw.org/economics-in-one-lesson/)
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To: arthurus

It’s subject to civil remedy yet and that allows for not just restitution but the intangible “humiliation and suffering.” But the restitution process doesn’t happen overnight and can throw a person into bankruptcy.


27 posted on 03/18/2014 10:58:13 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: arthurus

Embarrassability is a word?

How about humiliatoriness?


28 posted on 03/18/2014 10:59:00 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: HiTech RedNeck
But the restitution process doesn’t happen overnight and can throw a person into bankruptcy.

And restitution does not compensate for family Bibles and century old photo albums. These things are destroyed immediately lest they become heart rending evidence in front of a jury.

29 posted on 03/18/2014 11:00:32 PM PDT by arthurus (Read Hazlitt's Economics In One Lesson ONLINEhttp://steshaw.org/economics-in-one-lesson/)
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To: arthurus

A good insurance video will capture such items, however, and be kept off site.


30 posted on 03/18/2014 11:02:18 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: All

There are still lots of homes out there that nobody knows who the owners are. That’s probably the case here. The bank thought they owned it.


31 posted on 03/18/2014 11:11:04 PM PDT by VerySadAmerican (".....Barrack, and the horse Mohammed rode in on.")
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To: Kartographer

All I’ll say is if there were to happen to me I’d be on a no holds barred rampage.


32 posted on 03/18/2014 11:11:47 PM PDT by DB
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To: Flash Bazbeaux
Yep, dumb headline: "Harriet called the number on the sticker and learned the company hired by the bank to take over the property got the wrong address."

No foreclosure on their home...case of "mistaken identity"...lots of SWAT "no knocks" having the same problem.

33 posted on 03/18/2014 11:18:23 PM PDT by Drago
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To: DB
All I’ll say is if there were to happen to me I’d be on a no holds barred rampage.

I don't think you are the only one who would react that way.

34 posted on 03/18/2014 11:21:58 PM PDT by Mark17 (Chicago Blackhawks: Stanley Cup champions 2010, 2013. Vietnam Vet 70-71 Msgt US Air Force, retired)
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To: Kartographer

“SafeGuard Properties, of Valley View, Ohio,”

2 minutes from my house! Never heard of them.


35 posted on 03/18/2014 11:24:39 PM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: Kartographer
And all Safeguard can say is, "Oops" ???
36 posted on 03/18/2014 11:42:01 PM PDT by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: Kartographer
I have a book titled "The History of Banking".

Within it is a copy of a letter written in the early 1800s.

The writer had taken a trip from the Boston area to somewhere out west, I think Kansas area.

He related the many trials and tribulations of exchanging money in different cities and at state lines along the way.

Upon arriving at his destination he penned the letter, telling of the Indian raids, poor food, lack of water, etc.

He finished with, "But at least I'm beyond the reach of the theiving bankers".

37 posted on 03/18/2014 11:46:19 PM PDT by Mogger (Independence, better fuel economy and performance with American made synthetic oil.)
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To: Kartographer

They might not know it, but the bank just bought these folks a lovely second home. if that’s what the folks decide to do with their coming flood of money.


38 posted on 03/18/2014 11:56:41 PM PDT by GilesB
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To: OneWingedShark

In the past when this has happened. The cops won’t do anything more than file a report. They won’t let you press charges.


39 posted on 03/19/2014 12:29:16 AM PDT by Revel
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To: Kartographer

“The bank” has done a great job keeping their name out of the article.


40 posted on 03/19/2014 2:01:23 AM PDT by Right Wing Assault
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To: jdege

And private contractors won’t shoot your dog.


41 posted on 03/19/2014 3:28:06 AM PDT by rfreedom4u (Your feelings don't trump my free speech!)
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To: VerySadAmerican

There are still lots of homes out there that nobody knows who the owners are. That’s probably the case here. The bank thought they owned it.


In my state (and I suspect MANY) when the loan is paid off and title reverts to the home’s owner, the change has to be logged by the (usually county) registry of deeds.Usually the mortgage holder does that but not always. I discovered that fact when trying to open an equity line.


42 posted on 03/19/2014 3:34:09 AM PDT by Peet (Oderint dum metuant)
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To: Kartographer

RICO charges should be filed against the bank and the company that did this.


43 posted on 03/19/2014 3:37:33 AM PDT by savedbygrace (But God!)
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To: Kartographer
I'd shoot first, (while in house @ night) and then
ask questions/call local (torpid) donut-eaters

"Sorry, L.E.Officer; honestly, they were in my house.
I feared for my life/family...properties.
Why are you asking about the dog/parakeet?
I have no drugs, put down the guns.."

44 posted on 03/19/2014 4:12:13 AM PDT by skinkinthegrass (The end move in politics is always to pick up a gun..0'Caligula / 0'Reid / 0'Pelosi)
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To: skinkinthegrass

Having worked in the industry, unfortunately this is not uncommon. Sometimes it is just the contractor not reading the right address. Other times, bad data on the part of the bank (bad legal description, bad address in the file, etc). Joe Schmoe at the bank gets file across the desk, no diligence, just get it done.

Here in DFW we have had homes torn down by contractors acting on behalf of cities, torn down because the contractor had the wrong address.

The bank will face civil liability. The contractor will probably face civil liability, but the contractor often has minimal assets. Homeowner will file insurance claim, sue both.


45 posted on 03/19/2014 5:02:38 AM PDT by rstrahan
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To: Kartographer

I don’t know, I think really it’s good that people challenge others conclusions and assumptions.

Do you want to be a member of a mutual admiration society or a member of group that challenges you to keep all your facts straight and relevant and your conclusions reasonable?


46 posted on 03/19/2014 5:38:02 AM PDT by Usagi_yo (Standardization is an Evolutionary dead end.)
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To: arthurus

The word should have been ‘respected’. I should post these threads as it gets me almost as mad as talking about Obama.


47 posted on 03/19/2014 5:38:55 AM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: Usagi_yo
Well for me I prefer people who do not support, abet and/or excuse criminal activity, but then that's just me.
48 posted on 03/19/2014 5:46:07 AM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: HiTech RedNeck
"But the restitution process doesn’t happen overnight and can throw a person into bankruptcy."

There's been any number of these cases and unless the person has deep pockets the Bank has them and they can delay the process as long as they wish to make sure the settlement is equitable to them. The other thing in common is almost all of these settlements are sealed to keep them quite.
49 posted on 03/19/2014 5:54:47 AM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: rstrahan
true; nonetheless, proofreading/logic/effort is Fundamental...
(in engineering; everything is checked 3x sop, then checked again by P.E., his responsibility)

I'd take everything (esp.) the bank/contractor owned, every splinter/¢, w/
little/no negotiations..90%.
due diligence is necessary.

50 posted on 03/19/2014 6:49:45 AM PDT by skinkinthegrass (The end move in politics is always to pick up a gun..0'Caligula / 0'Reid / 0'Pelosi)
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