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View Full Version : Man pays cash for his home, Bank of America forecloses it




qh4dotcom
09-24-2010, 07:54 PM
http://www.sun-sentinel.com/business/fl-wrongful-foreclosure-0922-20100921,0,36776.story

cindy25
09-24-2010, 08:13 PM
lawsuit

wormyguy
09-24-2010, 08:17 PM
They're correcting it at their own expense. A good example of why it's always necessary to double check lists in computer databases . . .

MozoVote
09-24-2010, 08:25 PM
Any courthouse recorder knows that screwups and misfilings happen. That's why title insurance was invented.

james1906
09-24-2010, 09:47 PM
They're correcting it at their own TAXPAYER expense. A good example of why it's always necessary to double check lists in computer databases . . .

Fixed that for you.

DamianTV
09-25-2010, 03:09 AM
Any courthouse recorder knows that screwups and misfilings happen. That's why title insurance was invented.

And who gets to pay for it? Paperwork is not more important than the peoples lives it controls.

fisharmor
09-25-2010, 06:51 AM
This year, the state court system pumped $6 million into the effort, hiring more temporary judges and staffers.

Some say there's too much effort aimed at simply disposing of the cases.

"The evidence doesn't matter, the proof doesn't matter, due process doesn't matter," said Asbury, the attorney. "The only thing that matters is that they get rid of these cases."
....
Broward Chief Judge Victor Tobin, who set up the county court's foreclosure system, said this is the first he's heard of this type of mistake. "From the court's point of view we have no way of knowing that someone sells a house unless they tell us," said Tobin. "The bank would first have to tell the lawyers and the lawyers would presumably ask the court for an order dismissing the case."
....
"The bank's not talking to the attorneys and the attorneys are not talking to the courts,"


Once again, the failure is ultimately with government.
The forclosure system down there is obviously just a system - it's a machine that does something and all anyone seems interested in doing is cranking the handle.
It's pretty obvious to me that property rights and debt resolution are not the goal here.
It also seems to me that if the court system did what it does best - simply sit on its ass and not try real hard to get these done - forclosure would then be a weapon of last resort as it's intended to be and not the standard go-to tool, and the banks and attorneys would have an incentive to treat these people like, well, people.