Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: nevergore

I’m not an attorney, but, was just wondering since he owed on the home, didn’t the bank technically own it before it was bulldozed? He didn’t have a clear deed.


25 posted on 02/19/2010 10:24:44 AM PST by Catsrus
[ Post Reply | Private Reply | To 16 | View Replies ]


To: Catsrus
I’m not an attorney, but, was just wondering since he owed on the home, didn’t the bank technically own it before it was bulldozed? He didn’t have a clear deed.

I think you're correct. It was collateral on a loan, so he owes the difference between what the house is going to be sold for and what he owed. In this case, the whole $160,000. He probably won't do jail time, but I'm sure he's going to be sued and he won't have much luck getting another loan of any kind.

30 posted on 02/19/2010 10:33:59 AM PST by mbynack (Retired USAF SMSgt)
[ Post Reply | Private Reply | To 25 | View Replies ]

To: Catsrus
If the facts as presented in this article are accurate, then the bank may even think twice before taking any legal action against him in CIVIL court.

If the guy owes $160,000 on the home, his best legal defense would be to demonstrate that the land itself is worth at least $160,000 even without the house on it. In order to succeed in a civil court case the bank has to demonstrate that they've suffered harm by his actions, and if the property is still worth more than he owes on it then they have no standing to sue him.

If the bank's stake in the asset is the $160,000 mortgage then they can't possibly contend that they've been harmed simply because the demolition of the home has reduced its value from $350,000 to $160,000. The bank never "owned" a $350,000 home . . . they hold a mortgage valued at $160,000.

31 posted on 02/19/2010 10:34:30 AM PST by Alberta's Child (God is great, beer is good . . . and people are crazy.)
[ Post Reply | Private Reply | To 25 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson