March 14th, 2010 11:07 AM
Home Invasion and…Parrot Theft?
A twist on home invasion...
Or "What We Have Here is A Failure to Communicate" Yeh right!
Bank of America Facing Lawsuit for Home Invasion and…Parrot Theft? | MyBankTracker.com
Bank of America Facing Lawsuit for Home Invasion and…Parrot Theft?
Bank of America has apologized for a foreclosure process gone wrong, in which contractors hired by the bank allegedly entered a borrowers home, padlocked the door, and repossessed a pet parrot.
What We Have Here is A Failure to Communicate
According to an article in the Wall Street Journal Online, Bank of America said that the contractors were wrongly advised that the house was vacant, and were securing the property when they found the parrot, which they believed to be abandoned and were going to give to a shelter.
The current rate of foreclosures in the US is the highest since the early 1930’s, and it is not uncommon for homeowners to have to simply leave their homes without taking anything with them. However, in this case the homeowner was only one payment behind, and in fact had caught up on her loan at the time of the incident, according to her lawyer. The bank has said that it will review the case and consider any hardship that was endured due to the contractors actions.
More Foreclosures, More Problems
While this is obviously an outlying case, it does demonstrate the difficulties that many homeowners have faced in communicating with their banks in the event of foreclosure. Whether it is due to the sheer volume of foreclosures, or the fact that some cases at large banks like Bank of America slip through the cracks, it is certain that these types of incidents will not already high tension between borrowers and lenders.
There are currently nearly 8 million homeowners, of 15% of mortgage, that are either behind on their payments or have already started the foreclosure process.
Last edited by DaveH; March 14th, 2010 at 01:59 PM.
Reason: Add: "Yeh Right" based on Hopyard post. I agree with him.
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I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.
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March 14th, 2010 11:20 AM
March 14th, 2010 11:46 AM
"Polly wants a settlement!"
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March 14th, 2010 12:36 PM
I kinda wish the bank would repo my house. I'd probably let them have it with no fight. It would erase all of my debt, and in this market, that's a good thing for me.
March 14th, 2010 12:39 PM
Originally Posted by SIXTO
"I did the thing I feared the most. Excuse me while I cheer. Now here I stand a stronger soul and all I lost was fear." ...Anonymous
March 14th, 2010 01:21 PM
Repo is easy to arrange, just don't pay them. Erasing your debt is another story. That stuff has a way of clinging on forever.
Originally Posted by SIXTO
March 14th, 2010 01:28 PM
What you have here is more than a failure to communicate. It is negligence and it is more than mere negligence, it crosses into criminal activity.
Originally Posted by DaveH
There have been a couple of high profile foreclosure booboos which are truly mind boggling. Notably, taking over a home that was never even mortgaged as the owners paid cash for the purchase. They returned from vacation to find the place locked, and trashed, and all their stuff gone.
The only way to reduce this sort of "negligence" is to slap them down hard with criminal prosecutions. If you or I did what the bank did we'd be in deep doo. Hang a few of their executives, charge the corporation with criminal conduct, and the problem will go away.
March 14th, 2010 01:54 PM
Just because they take your house doesn't mean you don't still owe them.
Originally Posted by SIXTO
March 15th, 2010 01:54 AM
It's really bad to stress a parrot, they can die from it. No joke. ONE payment behind, no one at that bank jumping the gun ... is there. Now imagine the homeowner coming home while they are walking out with the parrot .... homeowner would be justified in stopping the theft of their parrot and illegally entering their home.
I think I would press for "breaking and entering" charges on someone, they had no legal right to be there if the payments had been caught up. It would teach them not to do it twice and to be a lot more careful about it in the future.
March 15th, 2010 02:45 AM
I would give them a bird while standing behind my lawyer
"Outside of the killings, Washington has one of the lowest crime rates in the country,"
--Mayor Marion Barry, Washington , DC .
March 15th, 2010 11:00 AM
Originally Posted by Guns and more
Also, if they do forgive the debt, you most likely will owe income taxes on the amount forgiven. The bank will make sure you get a nice big juicy 1099 at year-end.
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