I’ve read stories where banks (BankAmerica for one) have foreclosed or placed liens on houses where the owner owned it outright and never had dealt with the bank foreclosing on it.
If your 2006 is still in hawk, there’s a problem.....
This is absolutely horrible.
He is indeed justified in suing the bank.
I hope he collects. This is unexcusable.
One of those cases where I would hope he gets a real A-hole lawyer and a verdict that *HURTS* everybody even associated with the bank.
Stupid like this should be punished in the most draconian manner, enough to send chills of fear into even the largest corporation.
Up until the mid 80’s or so, in Florida, you could put a lien on somebody’s house just by paying a fee and registering the debt at the county clerk’s office.
Then some political operatives figured out that they could put false debts on their opponent’s homes and use it in a campaign ad that their opponent was ‘deeply in debt’.
The law was soon repealed.....................
The car was never reposessed.
It was stolen, and the bank should be treated exactly like any other theif, including jail time for th principles who signed off on sending out the tow truck.
We had something similar like that happen here several years back.
A man in Missouri gets a loan from his credit union and buys a truck. Makes no payments on it. Hauls it to a wrecker company and has the truck placed in the lot with other wrecks around it so it cannot be towed or repossessed. By law, after thirty days the truck becomes the property of the lot owner.
Lot owner then tows the tuck into Arkansas where for $50 he can get a brand new title, and places it on a Used car lot where a man buys it, borrowing money from HIS credit union.
He returns home to find the truck gone, calls the cops who find the first credit union had located it and repossessed it. So the second owner is stuck with a credit union bill for a truck a Missouri credit union has confiscated.
The bank knows that it was wrong and is now in cover-up mode.
And the victim isn't even greedy. If they are smart, they'll write him the check and make it go away. His demand is less than the salary and benefits of the folks that screwed up at the bank.
Make the bank pay him an annual salary of 100 times his current salary. Then burn the bank down and sell all the employees to mussie slaver...or sumthin.
The life of a repo man is always intense.
In the US, if he was a debt cosigner, they could sue him for the money owed - but not take a different vehicle.
“It turns out he was named as a co-signer on the car by somebody who defaulted on a debt”
Does that sentence make sense to anybody, especially in respect to the car being paid off?
Bank likely did him a favor to get rid of that lemon.
He should go after punitive damages, not just to have his time and energy repaid, he was literally ROBBED by this bank. They should be paying a price for that alone.
I know of a situation where a lienholder failed to respond to a mechanics lien.
The mechanic then filed for and secured a free and clear title in his name. This wipes out the lien completely.
He later sold that vehicle. The buyer bought it with a new loan from a completely different bank.
A year and a half later - the original bank decides to repo since no payments were being made. So they contracted with a repo agent and the vehicle was repossessed.
Bad move. Since the original lienholder had been dismissed. And the repo agent - by law - was supposed to verify ownership (they didn’t) and the lienholder (they didn’t)
Since when did banks begin communicating legal matters through Facebook Messenger? I find that highly suspicious.
Translation: Nobody at the bank did THEIR due diligence on the lien before they used the lien against the wrong person. They should be sued, even though they belatedly admitted their error and the suit should demand, in addition to financial recompense, the institution and proof of the institution of procedures to prevent such errors in the future, verified by an audit.
I used to do real estate loans. Then one day, RBC mortgage started running advertisements with my phone number, so I got all this free business from RBC. I called RBC and told them what was going on but they never changed the number in their advertisement. I got a LOT of business from RBC!