ABC News Good Morning America Reports Accidental Foreclosure

ABC News Good Morning America reported online about the Pennsylvania case where Bank of America broke into a borrower's home despite the borrower not being late on her mortgage payments.  We first reported that case here.  Bank of America's contractor stole the borrower's pet parrot named Luke.  Bank of America did not arrange for the return of the bird and the borrower had to drive across state to pick-up Luke.

We have seen and heard these cases classified in many different ways.  We have been tending to call them "wrongful foreclosure" cases.  The ABC News article refers to the Pennsylvania case as an "accidental foreclosure" or a "wrongful lock-out."  There has been no standard term adopted for cases where a bank trespasses on a borrower's property, seizes the home by changing the locks and trashes out a borrower's property and possessions.  Home invasion is the most accurate term.

However, there is one thing that is certain.  It is not an "accident" when the bank keeps doing the same illegal acts over and over again.  In the ABC News article, Bank of America indicated it has a "zero tolerance policy" however it is not that policy that is the problem.  Zero tolerance policies always kick-in after something has happened.  What policies, procedures and training were in place to prevent a wrongful foreclosure and seizure from happening in the first place?  Are the various departments at the banks communicating with each other? 

In criminal law, home invasions of this type are typically called breaking and entering and result in charges being issued by the local District Attorney.  Have any charges been issued against anyone relating to these home invasions?  We know the answer to that question.  For the time being American homeowners have to still live in fear of being burglarized by their bank.