Owners Lose Possessions After Home Is Mistakenly Foreclosed

This is a discussion on Owners Lose Possessions After Home Is Mistakenly Foreclosed within the Off Topic & Humor Discussion forums, part of the The Back Porch category; A crew broke into Alvin and Pat Tjosaas’ desert home and took everything after being directed by Wells Fargo to secure the structure. The couple, ...

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Thread: Owners Lose Possessions After Home Is Mistakenly Foreclosed

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    Ex Member Array barstoolguru's Avatar
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    Owners Lose Possessions After Home Is Mistakenly Foreclosed

    A crew broke into Alvin and Pat Tjosaas’ desert home and took everything after being directed by Wells Fargo to secure the structure.

    The couple, however, didn’t have a mortgage on the home.

    Alvin said the deputy sheriff said, “Good news, we know who took (your possessions)…Wells Fargo. Bad news, your stuff is all gone.”
    all I can say is WOW, all their stuff gone and they can't get nothing back. That crew was counting the cash as they ransacked the house


    Owners Lose Possessions After Home Near Twentynine Palms Is Mistakenly Foreclosed « CBS Los Angeles

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    You would think that someone could be charged with theft, breaking and entering etc...
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    Hopefully Wells Fargo will do right by these folks.
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    From the article:
    “We are moving quickly to reach out to the family to resolve this unfortunate situation in an attempt to right this wrong
    Welcome to AmeriKa! Land of the corporation and home of the corrupt.
    In no way should a private company be allowed this type of authority. In my opinion, the only way to right this wrong includes the summary execution of those responsible, in addition to gobs of money to where it is extremely painful to the bank.

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    Ex Member Array barstoolguru's Avatar
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    Quote Originally Posted by pgrass101 View Post
    You would think that someone could be charged with theft, breaking and entering etc...

    this is Texas law and it basically says if it was done with good intent then you can't press criminal charges so I can only assume that California has some of the same. It doesn’t mean they can’t be sued but they just can’t be arrested

    Sec. 8.02. MISTAKE OF FACT. (a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.(b) Although an actor's mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.
    Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

    Sec. 8.03. MISTAKE OF LAW. (a) It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.(b) It is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon:(1) an official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or(2) a written interpretation of the law contained in an opinion of a court of record or made by a public official charged by law with responsibility for interpreting the law in question.(c) Although an actor's mistake of law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the law were as he believed.
    Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994
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    "Secured" the house? Is Wells Fargo a branch of the Marine Corps?
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    Judging by the pics of the house I doubt much was made by the crew LOL
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    Ex Member Array barstoolguru's Avatar
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    What ever happen to the cops showing up and doing an eviction? I didn't know the bank had the power to take control of an occupied resident

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    Quote Originally Posted by txron View Post
    Hopefully Wells Fargo will do right by these folks.
    They won't. Wells Fargo will negotiate a deal that will give these people as little as they possibly can.
    "Confidence is food for the wise man but liquor for the fool"

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    As a property manager, I've done a few evictions. In SC, it requires a court-order (judge checks the mortgage paperwork), followed by a notice that is posted on the front door for 2-3 weeks, plus a LEO on scene while the property is being vacated. There's no doubt in anybody's mind what is going on and why it is happening.

    The laws and procedures do vary state to state, though. It boggles the mind that a bank can just choose to vandalize a home without some secondary authority checking and verifying the mortgage.
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    Good thing for that "CREW" the homeowner wasn't home and armed.
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    I wouldn't worry too much about this homeowner he will get a lawyer and come out all right in the deal.
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    Same process here As Whec mentioned. Have seen it in quite a few homes in this area. Seems fishy, only thing I can assume is the "CREW" got the wrong address?
    BigJon


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    Quote Originally Posted by Sturmruger View Post
    I wouldn't worry too much about this homeowner he will get a lawyer and come out all right in the deal.
    I have helped people who haver lost everything in floods fires and tornado's. I once helped an elderly uncle after his house was under flood waters for a week. The only thing he cried about was the pictures of his Mom ans Dad and the ones of his children when they were young. There are many items that cannot be replaced. No money judgment in the world can bring back the pictures of a child's first steps. The glove you bought him when you taught him to play catch.
    How do you make those things right?

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    Let's see, I had that G20 I bought from the guy in the next town over, the S&W 29 44, the Airweight, Benelli M4, ...

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