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Frustrated Owner Bulldozes Home Ahead Of Foreclosure
WLWT ^ | 18 Feb 2010 | Staff

Posted on 02/19/2010 10:08:00 AM PST by AreaMan

Frustrated Owner Bulldozes Home Ahead Of Foreclosure

Man Says Actions Intended To Send Message To Banks

POSTED: 10:42 am EST February 18, 2010
UPDATED: 10:02 am EST February 19, 2010
MOSCOW, Ohio -- Like many people, Terry Hoskins has had troubles with his bank. But his solution to foreclosure might be unique.

Hoskins said he's been in a struggle with RiverHills Bank over his Clermont County home for nearly a decade, a struggle that was coming to an end as the bank began foreclosure proceedings on his $350,000 home.

"When I see I owe $160,000 on a home valued at $350,000, and someone decides they want to take it – no, I wasn't going to stand for that, so I took it down," Hoskins said.

Bulldozed Home Photos

Hoskins said the Internal Revenue Service placed liens on his carpet store and commercial property on state Route 125 after his brother, a one-time business partner, sued him.

  SURVEY
What do you think about what Terry Hoskins did?
Good for him
Not a good idea
He should be prosecuted
The bank claimed his home as collateral, Hoskins said, and went after both his residential and commercial properties.

Hoskins said he'd gotten a $170,000 offer from someone to pay off the house, but the bank refused, saying they could get more from selling it in foreclosure.

Hoskins told News 5's Courtis Fuller that he issued the bank an ultimatum.

"I'll tear it down before I let you take it," Hoskins told them.

And that's exactly what Hoskins did.

Man Says Actions Intended To Send Message To Banks

The Moscow man used a bulldozer two weeks ago to level the home he'd built, and the sprawling country home is now rubble, buried under a coating of snow.

"As far as what the bank is going to get, I plan on giving them back what was on this hill exactly (as) it was," Hoskins said. "I brought it out of the ground and I plan on putting it back in the ground."

Hoskins' business in Amelia is scheduled to go up for auction on March 2, and he told Fuller he's considering leveling that building, too.

RiverHills Bank declined to comment on the situation, but Hoskins said his actions were intended to send a message.

"Well, to probably make banks think twice before they try to take someone's home, and if they are going to take it wrongly, the end result will be them tearing their house down like I did mine," Hoskins said.

The bank claimed his home as collateral, Hoskins said, and went after both his residential and commercial properties.

Hoskins said he'd gotten a $170,000 offer from someone to pay off the house, but the bank refused, saying they could get more from selling it in foreclosure.

Hoskins told News 5's Courtis Fuller that he issued the bank an ultimatum.

"I'll tear it down before I let you take it," Hoskins told them.

And that's exactly what Hoskins did.

Man Says Actions Intended To Send Message To Banks

The Moscow man used a bulldozer two weeks ago to level the home he'd built, and the sprawling country home is now rubble, buried under a coating of snow.

"As far as what the bank is going to get, I plan on giving them back what was on this hill exactly (as) it was," Hoskins said. "I brought it out of the ground and I plan on putting it back in the ground."

Hoskins' business in Amelia is scheduled to go up for auction on March 2, and he told Fuller he's considering leveling that building, too.

RiverHills Bank declined to comment on the situation, but Hoskins said his actions were intended to send a message.

"Well, to probably make banks think twice before they try to take someone's home, and if they are going to take it wrongly, the end result will be them tearing their house down like I did mine," Hoskins said.



TOPICS: Business/Economy; Crime/Corruption; Culture/Society; US: Ohio
KEYWORDS: crime; economy; housing; ohio
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To: cotton1706
Love this. Ridiculous. The bank could have gotten what it was owed. Now they’ll get just land and rubble.

Yeah. Selling land seized at foreclosure is a big profit area for banks. That is why they do it so much.

/sarcasm

I've never been to Ohio, except to change planes, but I can tell you that the general law is that the proceeds of a foreclosure sale are distributed like this:
Balance of loan
Costs of foreclosure
Distribution to borrower

Meaning that the bank doesn't get to keep the extra money if the land sells for more than the bank is owed, at he foreclosure sale. The bank has to pay it to the borrower. I would shocked if Oho law wasn't exactly that way.

61 posted on 02/19/2010 11:10:38 AM PST by Pilsner
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To: dinodino

Was the house the collateral, or was the land itself the collateral. The guy’s comments seem to indicate that the bank extended the loan on the land, and he built the house afterwards.


62 posted on 02/19/2010 11:11:22 AM PST by Alberta's Child (God is great, beer is good . . . and people are crazy.)
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To: ColdWater

Right — but depending on what was actually put up as the collateral for the loan, any decline in the value of the land is the bank’s problem, not his.


63 posted on 02/19/2010 11:12:29 AM PST by Alberta's Child (God is great, beer is good . . . and people are crazy.)
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To: Noumenon

What is the BALLAD of CARL DREGA about?


64 posted on 02/19/2010 11:12:32 AM PST by chit*chat
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To: Alberta's Child
It is still his problem. He owes any monies in excess of the value of the collateral.
65 posted on 02/19/2010 11:14:01 AM PST by ColdWater ("The theory of evolution really has no bearing on what I'm trying to accomplish with FR anyway. ")
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To: ColdWater

You may be right, but I don’t think a guy in that position really gives a damn about how much he owes to anyone.


66 posted on 02/19/2010 11:16:41 AM PST by Alberta's Child (God is great, beer is good . . . and people are crazy.)
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To: AreaMan
Hoskins said he'd gotten a $170,000 offer from someone to pay off the house, but the bank refused, saying they could get more from selling it in foreclosure.

Correct me if I'm wrong but a bank can't refuse a total payment of a debt if done before the final foreclosure date, so how could this bank have "turned down" the offer. I think someone is lying and his name is Hoskins.

67 posted on 02/19/2010 11:17:20 AM PST by calex59
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To: IrishCatholic

>> Once again, unless you know otherwise I am basing my statement on what was provided. He owed 160 and was offered 170. Bank approval might be necessary if they had started legal proceedings. That is only a guess on my part and your part.

I know otherwise. If he was in legal proceedings for $160K, and sold for $170K ... he could just pay it off. If the bank seized the house and sold for $350K, and he owed $160K — he’d get a check for the difference ($190K). The bank cannot collect more than they are owed.

The account is wrong somewhere. If approval was required ... the dude owed more than was offered (whether the offer was less than $160K or he owed more than $170K is irrelevant).

>> Finally, yes, if the bank was screwing me on purpose to make a profit and harm me, then I would do exactly what the man did. The bank was owed the exact amount agreed to, not a penny more. If I thought the bank was going to make thirty or forty thousand or more, by holding the property while ensuring I lost it all, then I would have done what he did.

The bank CANNOT make more than you owe. If they sell for more than you owe — they must cut you a check for the rest.

If you owed the bank money, and intentionally destroyed the collateral property ... you’d likely be fined heavily, or headed to jail.

SnakeDoc


68 posted on 02/19/2010 11:21:00 AM PST by SnakeDoctor (Do you know if the hotel is pager friendly? [...] I'm not getting a sig on my beeper.)
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To: xjcsa
For what crime?

enviornmental degradation

69 posted on 02/19/2010 11:21:48 AM PST by frithguild (I gave to Joe Wilson the day after, to Scott Brown seven days before and next to JD Hayworth.)
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To: SnakeDoctor

except bank had a lien at that point so he couldn’t give a clear title.


70 posted on 02/19/2010 11:22:37 AM PST by NonValueAdded ("Roll back Pelosi" Rush Limbaugh, 2/12/10)
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To: SeaHawkFan
IF what the guy says about the bank refusing the $170,000 to pay off the mortgage so they could make more by foreclosing is true, good luck in getting a conviction.

I can't believe the level of ignorance about foreclosure law and loans. IF he only owed the bank 160,000 they can't get more than he owes out of it when they auction it off. He gets anything over the 160,000. Also, the bank can't keep him from paying off the loan, if he would get 170,000 for it and paid the bank their 160,000 they would have had to take it. They couldn't refuse. This guy is lying about something here and the MSM is playing it up because it fits in with their "private owned banks and businesses are bad, government run stuff is good" meme.

71 posted on 02/19/2010 11:24:58 AM PST by calex59
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To: Homer1
Should have just hired a lawyer...idiot

THUD (sound of a lawyer familiar with most FReeper sentiments falling off chair)

72 posted on 02/19/2010 11:26:40 AM PST by frithguild (I gave to Joe Wilson the day after, to Scott Brown seven days before and next to JD Hayworth.)
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To: NonValueAdded

Paying off the loan with the proceeds of the sale will clear the title.

SnakeDoc


73 posted on 02/19/2010 11:27:01 AM PST by SnakeDoctor (Do you know if the hotel is pager friendly? [...] I'm not getting a sig on my beeper.)
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To: iowamark

He probably won’t get jail time for this, but he certainly opened himself up to an enormous civil lawsuit from the lienholder(s) for destroying the asset that secured a financial instrument (or words to that effect).

He could very well be found liable for the amount of the loan anyway, since he chose to destroy the house. At the very least, he has sown the seeds for his own financial destruction, and the fallout from this life decision could well follow him around to his grave. A jury verdict against him would be far more damaging than a foreclosure would have been.


74 posted on 02/19/2010 11:29:04 AM PST by Bean Counter (I keeps mah feathers numbered, for just such an emergency...)
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To: clippedwing
good for him! He made a hell of a statement of how frustrated and financially raped people get to feel from banks and such.

How is a foreclosure the fault of a bank?
75 posted on 02/19/2010 11:29:30 AM PST by proud_yank (Socialism - An Answer In Search Of A Question For Over 100 Years)
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To: DonaldC

IRS lien takes priority over a mortgage.


76 posted on 02/19/2010 11:30:36 AM PST by frithguild (I gave to Joe Wilson the day after, to Scott Brown seven days before and next to JD Hayworth.)
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To: chit*chat

http://en.wikipedia.org/wiki/Carl_Drega


77 posted on 02/19/2010 11:38:07 AM PST by frithguild (I gave to Joe Wilson the day after, to Scott Brown seven days before and next to JD Hayworth.)
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To: cotton1706

People are angry. There’s a storm comin’.


78 posted on 02/19/2010 11:38:18 AM PST by karnage (worn arguments and old attitudes)
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To: AreaMan

Prison is a very nice alternative isn’t it dipsh*t...you borrowed the money...pay it back.


79 posted on 02/19/2010 11:41:14 AM PST by Wpin (I do not regret my admiration for W)
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To: Poser

“... it appears he had some federal tax problems as well...”

Like most of Obama’s Cabinet...


80 posted on 02/19/2010 11:41:28 AM PST by karnage (worn arguments and old attitudes)
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