Posted on 09/07/2012 7:25:00 AM PDT by Yashcheritsiy
The owners of a modest home near Twentynine Palms lost their cherished possessions after a bank mistakenly foreclosed their residence.
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 the married couple has now are three generations of memories.
Alvin, a retired mason, built the home with his father when he was a teenager.
“I know every inch, every rock…my mom mixed all the cement by hand,” he said.
(Excerpt) Read more at losangeles.cbslocal.com ...
For the benefit of the homeowners, best to keep it in the civil courts where they can be made (nearly as possible) whole.
For the benefit of society at large, the case can be made for criminal charges, but the interests of immediate victims are usually subordinated to those of ‘society.’ (How much benefit is there to a victim, in cases like this, from somebody going to jail or paying a fine to the government?)
Through the civil courts however, a similar effect (IMHO) may be had through exemplary damages.
Send the collection agency a written or typed letter (make sure to make copies) asking them to provide validation of the debt, and instructing them not to contact you in any way until they do. Under the FDCPA, you can sue them for $1000 a pop for each incident of them contacting or otherwise harassing you between the time that you sent the letter and the time that they provided said verification (be sure to send the letter by registered mail, so there is a record of them signing to receive it, with the date/time).
My wife and I were getting dinged about some medical bills that some collection agency said we owed. I sent the letter, and they called a few days later. We won the case, got $1000, and the lawyer got $3500 (go figure). Haven’t heard from the collection agency since.
I LOVE Mike! (Will miss him)
Thanks.
Next time I’ll try that. I’m due another attempt within the next 6 months, if they rn true to form.
I will NEVER bank with them. I was an adult sponsor of a kids' group that had been using WF. The other adult sponsor knew what a mess the bank account was in and that signature cards had expired years before. Well, that sponsor died so I tried to get everything up to date and you wouldn't believe the bs. WF demanded the deceased person come in even though a couple of them had gone to the funeral. Then they wanted me to declare my own personal finances and put my fully paid off house up for collateral. What?!? Can you say scam? They refused to close the account because my signature wasn't on file after they had already admitted they never check the signature cards for any account. Let me say that again, WELLS FARGO ADMITS THEY DO NOT CHECK SIGNATURE CARDS. They had two bank officers trying to bully me over a little bitty kids' organization account and frankly it was getting more than just a little hairy. I finally walked to the teller window and wrote out a check for the entire amount and deposited it in the bank down the street.
Another time, a relative with the same last name as me had written a check to me on a WF bank and since I was driving past it decided to cash it. I went through the drive thru but they made me come inside. When I got inside, they wanted to make a copy of my license and my finger print. The ink pad was there at the counter so it was their normal procedure. Excuse me, talk about an invasion of privacy and all for a $25 check on their own bank.
No, thanks. I'll stay with my little "Cheers" bank where everybody knows your name, your kids' names, your sister's name and your dog's name and believe they are there to serve their customers.
“Nope: Criminal matters require intent. It’s pure civil.”
Actually, in Texas, is is “intentionally, knowingly or recklessly.”
Seems someone acted recklessly.
It’s pure criminal.
“Nope: Criminal matters require intent. It’s pure civil.”
Actually, in Texas, is is “intentionally, knowingly or recklessly.”
Seems someone acted recklessly.
It’s pure criminal.
Yes, some of our Business Socialist FReepers will make excuses for the bank (its free market!), but this couple should sue the living hell out of the bank and every one involved
This happens to much for these inicidents to be accidents. These wrong foreclosures happen all the time in Florida...and in Florida a judge has to approve any foreclosure for one to take place
First thing you do is get a name and address for the collection agency. They are required to provide it.
Next, you look up the laws in your state, and in their state. You'll find statutes for harassment.
Write a letter, stating that you are not the person in question and you don't know her. Any further attempts to contact you will be considered harassment, and you'll file a complaint with the local police in their jurisdiction. Cite the harassment statutes.
Send the letter, certified mail, return receipt requested. And send a copy to the Attorney General in your state and their state. Look on the state's website, and you'll find an address for this.
It won't necessarily stop a future one, but it will stop this one, quickly. Since I did it, I've never heard anything further about it.
BFLR
Set a banker on fire, keep him warm for the rest of his life...
Do this to the DA's vacation home, and you'll find out the difference between Peasant Law and Elites Law in a large hurry...
Thanks.
I don’t seem to have the problem with the same agency. It’s just they never remove me from the list, and they keep selling the debt to someone else.
That's interesting. I didn't think the FCPA didn't apply unless you were actually the person that owed the debt. That's why I cited the harassment statutes.
I'll keep that in mind if it happens again.
There was nothing complicated about this, everything was black and while. The problem was it was simply no competent interface with the mortgage servicer who might receive documents and act on them. And it turns out there is something worse than an Indian call center. A Baltimore call center. Staffed by angry women who could barely communicate. I felt like I needed to hire Ice-T as a translator.
One of my sons friends suffered a default judgement and garnishment over the debts of another man of the same name. So ignoring them probably isn’t a great course of action.
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