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3/11/2010
Carlin Phillips
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National Problem with Illegal Foreclosures and Seizures of "Abandoned" Homes?

As we have been reporting here, the illegal foreclosure and seizure of homes by banks is a growing problem.  We have reported the casesand incidents that we have heard about.  There is no doubt that there are more cases out there that banks have tried to keep from public disclosure.  

We have seen the following situations where a bank illegally seized a home: 1) the bank had the wrong house; 2) the borrower was up to date on mortgage payments; 3) the borrower was up to date on a loan modification agreement; 4) the bank sold the house to the new owner in a short sale and then foreclosed after the short sale; 5) the borrowers were preparing to leave the home due to an upcoming short sale closing or an auction date and the bank seized the home prior to the date. 

In all of these instances, the banks had no right to possess the home.  The bank simply had no right to trespass and break and enter these folks homes.

We are seeing a common pattern from the banks. The banks' foreclosure and trash-out contractors run visual checks on houses where their are mortgages to determine if the houses are "abandoned."  The problem is there is no way to determine if a house is abandoned from just looking in the window from the outside or talking to neighbors.  Even a house that appears vacant does not mean it is has been abandoned by the owner.  An owner is legally entitled to move possessions out his house in advance of a sale or auction without bank interference unless the bank has the legal right to enter the property. 

It is a lot like the "Wild West" out there right now with banks "shooting first and asking questions later."  We have said it many times on this blog, until the banks write and then implement the proper policies and procedures these wrongful and illegal bank foreclosures and seizures will continue. 

Category: Wrongful Bank Foreclosure


2 Comments to "National Problem with Illegal Foreclosures and Seizures of "Abandoned" Homes?"

Chase has just started foreclosure proceedings and the sale on the home isn't even scheduled until December and they have already locked me out of my home while I was in the hospital. They are refusing to give me the keys so I can get back in my home. Because I was in the hospital, they are claiming the home was abandoned. How can they get away with this? I have nowhere to live now and I still have ownership of the house until the sale right?
Posted by Jordan on October 23, 2010 at 03:29 AM
My condo was sold at auction 9/30/10. I have been moving my things out, but I did not abandon the home. I went to the condo on 10/1/10 to put a drawer back in the kitchen and my key wouldn't work? I cannot get the HOA to stop my dues of $220.00 a month until they receive escrow documents. I can't have the water taken out of my name until the HOA has escrow documents, because the sewer fees are shared within the community? This has been a nightmare, try living on 40% reduced pay and jumping through hoops with BAC, Ludicrous, they simply don't give a damn! Good luck to everyone going through this, it has been a road!
Posted by Patty on October 5, 2010 at 08:03 PM

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