Bank Tried To Repossess Wrong House, Now Owner Wants her Property Back

If this was my house that this happened to, and I was able to personally confront that boss at the bank, After him refusing to fix this situation I would have beaten him severely requiring intensive care at the hospital.. It would set an example of what should happen to people that do these kinds of things operating above the law.

reply to post by alienreality


And you would end up behind bars.


Both of you lose.

reply to post by crazyewok


Sacrifices have to be made for the greater good sometimes.. And no banker is going to disrespect me like that and get away with it.. He would suffer my wrath.

When I read the part about not paying retail, my mind's eye produced an image of Mr. Driesdale, the president of the bank that the Beverly hillbillies had their money in. The laws have to change. Why didn't the bank have a cop with them to verify the repo process?

I'm so glad, in spite of my meager income, that I own my property and owe no one a single penny. Just got to pay those property taxes and keep things up to code.

reply to post by Wrabbit2000


If anyone comes into my house and steals all my stuff, I am going to make sure someone goes to prison. Personal value and monetary value are two different matters. If the bank did that to me I would sue them for a million bucks plus press criminal charges on the one who ordered them to steal my stuff.

if she had shot the contractor as he was breaking in to her home i wonder on the outcome .

bad pr is everything for the banks she should stand outside the bank with a big sign until they cough up

reply to post by MichiganSwampBuck

I'm so glad, in spite of my meager income, that I own my property and owe no one a single penny.

Be careful what you say, banks can STILL repo your house, even if you down own a DIME on it!!! They do it all the time

Bank of America has taken heat for foreclosing on wrong houses, but this one is a little different. This house doesn't have a mortgage with any bank!

story

reply to post by HomerinNC


when you look at your title deeds you are described as the tennant on them

reply to post by geobro


I'm telling ya, the banks will take your home if they want, and attempt to foreclose on you, tie you up in the courts, cost you all of your money, and in the end youre out of money, your possessions and your home
Bank of America is NOTORIOUS for this

reply to post by HomerinNC


sad i was watching a rt documentry on this earlier and people are putting up with this pull your money from them is the only thing they understand

Originally posted by HomerinNC
reply to post by MichiganSwampBuck

 

I'm so glad, in spite of my meager income, that I own my property and owe no one a single penny.

Be careful what you say, banks can STILL repo your house, even if you down own a DIME on it!!! They do it all the time

Bank of America has taken heat for foreclosing on wrong houses, but this one is a little different. This house doesn't have a mortgage with any bank!

story

Actually, I had that as an afterthought, that the home owners that got scammed were mortgage free and owned the place out right. They never would have thought that such a thing could have happened to them. Totally blindsided I'm sure.

However, in my case, I own property with a mobile home on it. I'm not sure what banks out there would finance a dumpy old mobile like mine! I can show them the title to it if it came down to that.

As for the property, I can't be certain that a bank somewhere wouldn't try that scam on just a property, however, I feel pretty certain that they would have a really hard time coming in here and doing anything.

I wouldn't offer the bank's goon squad a warm welcome and the swamp can be a disorientating place, easy to get lost in, and not very safe for someone who is totally unprepared to run for their life through it while being chased by a crazed swamp dweller who knows the land and the neighbors.

If something were to happen to these poor misguided tools, even the bones would be gone in a couple of seasons as little goes to waste and what doesn't get eaten, rots or gets covered in mosses. I sincerely hope they aren't wearing brown suits when they show up, they could be misidentified by the local hunters as a deer.

As for any vehicle that gets "discarded" on my property, well, a have a friend who regularly scraps vehicles, straight to the shredder it will go. Guess who will be laughing all the way to the bank then?

If some #%*$ bag banker stole everything I owned and then smugly told me to get bent and to piss off when I ask for my stuff back. I'd think to myself ok douch bag wants to play by big boy rules fine ill catch his ass later in a dark parking lot and see if his insurance and the local plastic surgeon can fix his missing teeth, crushed zygomat and both fractured orbitals. Maybe adjust his accending ramus by punching out 4 inch section of it. Rant over.

reply to post by tw0330

She needs to take them to court, that is conversion, and legally holds a very stiff financial penalty.
I have heard of people losing homes and all property due to a conversion charge.

I was watching one of those TV court shows, which had a lady fighting because she paid to board her horse at a stable, and the stable owner sold the horse for a profit without her permission. The Judge, Judy I believe it was, advised her to take her case to a real court because the maximum she was able to award was $5000, and this was worth WAY more than that. She was basically going to be able to take the owners real property (house, land, stable) because she converted the horse.

Interesting how people are arguing the subjective rule of law. Is it legal, is it the bank, or the subcontractor or god who is at fault? Who's liable via the law in each area of the country, is this federal or state.

Remarkable, just remarkable how morally bankrupt the country is.

Not so long ago, well maybe a long time ago, prior to the 80's, the law was a distant second to the world of morality. We had a communal morality that was pretty simple - don't be a jackass, and if you happen to be one, fix it.

So, let us take the way back machine and look at the incident were it to have taken place in the 70's and back. Woman comes home to find her house has no belongings. She calls the police, it is quickly determined by the investigators that the bank wrongly took her stuff. The woman went to see the bank manager who was happy to bring her into his office, got her some coffee and they talked. She told the story and he apologized profusely and unreservedly. He asked her how much she estimated her stuff was worth, she said 18k. He wrote her a check for 20k and asked one of the clerks to see if he might be able to help track down the stuff at the local resale shops etc. They shook hands.

Today: She calls the bank, she's told it is not their fault, the manager is in Tennessee, there is no direct number for him or her - the clerk isn't sure about the gender. She calls Tennessee, the bank manager says they have a policy that it isn't their fault ever, and it is within the law, there is nothing he can do. She calls the police, they laugh, as this isn't a tax collection matter, but if she keeps calling the bank they'll arrest her for terrorism. She cries. She calls the local TV station, who, loving a horror story airs the story. The bank manager calls, says he made a mistake, but the legal department will need some information and it will take 6 months to get her some money, if and only if, she can provide receipts for everything she bought - all will be prorated, and she'll have to sign a non disclosure agreement, the check will be taxed, and she'll receive a statement saying she was employed by the bank and this is her payment - those are the company policies written up by corporate and legal. He feels it is MORE then fair.

Two years of now. Woman is locked up for being difficult, since there is no habeus corpus in the US, she dies in jail three months later by hanging herself, the bank forecloses on her house, the empty house, sells it for a 300k profit 3 months later. Country laughs at the silly woman.

reply to post by crankyoldman
It's not legal, but its not exactly a crime either.
Its a tort, called conversion, and she needs to get an attorney and pursue this the correct way. If she does that instead of letting the bank bully her into a settlement, she stands to win a LOT more than the retail value of what was taken and sold.

Someone needs to tell her to get an attorney.

The tort of conversion:

Conversion is a common law tort. A conversion is a voluntary act by one person inconsistent with the ownership rights of another.[1] It is a tort of strict liability in the United Kingdom.[2] Its criminal counterpart is not typically theft but rather criminal conversion, which differs from theft in the lack of intent to deprive the owner of possession of the property.

Examples are seen in cases where trees are cut down and the lumber hauled from the land by someone not having clear ownership; or removing furniture belonging to another from a cohabited dwelling, placing it in storage and not telling the owner of the whereabouts. In medieval times, a conversion would occur when bolts of cloth were bailed for safe keeping, and the bailee or a third party took them and made clothes for their own use or for sale. (See below)

Many questions concerning joint ownership in enterprises such as a partnership belong in equity, and do not rise to the level of a conversion. Traditionally, a conversion occurs when some chattel is lost, then found by another who appropriates it to his own use without legal authority to do so. It has also applied in cases where chattels were bailed for safe keeping, then misused or misappropriated by the bailee or a third party.

Conversion, as a purely civil wrong, is distinguishable from both theft and unjust enrichment. Theft is obviously an act inconsistent with another's rights, and theft will also be conversion. But not all conversions are thefts because conversion requires no element of dishonesty. Conversion is also different from unjust enrichment. If one claims an unjust enrichment, the person who has another's property may always raise a change of position defence, to say they have unwittingly used up the assets they were transferred. For conversion, there always must be an element of voluntarily dealing with another's property, inconsistently with their rights.

Originally posted by alienreality
reply to post by crazyewok

 

Sacrifices have to be made for the greater good sometimes.. And no banker is going to disrespect me like that and get away with it.. He would suffer my wrath.

Watch out folks, we got a bad ass over here.

Originally posted by alienreality
reply to post by crazyewok

 

Sacrifices have to be made for the greater good sometimes.. And no banker is going to disrespect me like that and get away with it.. He would suffer my wrath.

Or better yet get a lawyer and take the scum bag bank to court and get many times more of what they took back in settlement.

If that fails start a protest and march on the bank in numbers.

If you go direct to violence no one wins and you just make yourself look like a thug and nothing get done except when when the repo men come they will have a cop with them for protection.

Originally posted by schadenfreude

Originally posted by alienreality
reply to post by crazyewok

 

Sacrifices have to be made for the greater good sometimes.. And no banker is going to disrespect me like that and get away with it.. He would suffer my wrath.

Watch out folks, we got a bad ass over here.

& if everything you worked for was gone because of a bank error & they told you to go screw well, you would be saying the same thing

Seems like there's an easy way to resolve this. Have her rent a U haul truck and drive over to the bank presidents house. Break in and remove any items of furniture of HIS that were removed from HER house. If they took a TV, she takes a TV. If they took a sofa and a bed, she takes a sofa and a bed.
When he says " we won't pay retail", he's just blowing smoke. Yes, HE WILL.
Could you imagine if they broke into a home and were shot dead by a frightened home owner?