Bank of America Forecloses on Houses without Mortgages

Monday, February 15, 2010

No home is safe from foreclosure, even the ones already paid for. Bank of America decided last year to seize a home in Spring Hill, Florida, owned by Charlie and Maria Cardoso of Massachusetts. The Cardosos had purchased the home with cash in 2005 and were renting it out to a single mother when workers hired by BofA showed up in July 2009 to kick the renter out of the home, saying the bank was foreclosing.

Charlie Cardoso talked to a local real estate company that assured him BofA had intended to seize a different home down the street, and that the mistake would be corrected. Instead, the bank scared the renter out of the house and placed locks on the doors. Cardoso was forced to drive from Massachusetts to Spring Hill and break into his own home, all in an effort to get control of his home back.
In January, the owners filed a lawsuit against BofA accusing it of trespass, conversion, negligence, negligent infliction of emotional distress, intentional infliction of emotional distress, interference with contractual relations, defamation and libel.
As it happens, the Cardosos are not the first family this year to sue Bank of America for illegal home invasion. On January 11, Dr. Alan Schroit of Houston, Texas, filed suit against BofA over an October 31, 2009, incident in which Schroit, his wife and friends arrived at their vacation home in Galveston to prepare for a party, only to discover the doors locked and a poster announcing the seizure of the house. Agents of Bank of America had also turned off the power to the house, which was particularly unfortunate because the Schroits had stored 75 pounds of Alaskan salmon and halibut that had turned putrid, stinking up the house. The Schroits had no relationship with Bank of America.
In yet another case, this time in Wheelwright, Kentucky, Christopher Hamby returned home on October 5, 2009, to find locks on his house because of a mistaken repossession by agents of BofA. The bank and its agents offered to pay for a locksmith to repair Hamby’s front door, but refused any other compensation.
-Noel Brinkerhoff, David Wallechinsky
Law Suit Accuses Bank of Seizing Wrong House (by Laura Elder, Galveston Daily News)
Man Sues After Bank Takes Wrong House (by Jarrid Deaton, Floyd County Times)


publicrealty 11 years ago
BAC understands they are too big to fail, thus acting above the law, continuing an alarming surge in reckless business practices that appears to have no remorse or care for the destruction of the implied trust that makes business work. It's time to stop supporting these harmful institutions, sell your stock, close your accounts tell your friends, we the people are too big to fail, let exercise our voice, and stop feeding these rodents.
kwark 11 years ago
So why doesn't someone go to jail? As the person(s) who ordered the home invasion in the first place, not just the thugs who walked through the door. Oh, I forgot, B of A is one of the primary string-pullers of those who make the laws. OK, no harm, no foul.
xmax 11 years ago
Let me be clear: To foreclose on something you must first be holding a mortgage on that thing. Bank of America did not "foreclose" on anything as the home in question was purchased for cash and thus owned free and clear. Bank of America had no more right to be present upon that property for any purpose whatsoever than a crack dealer, gangster or other street thug. The firm, by their proxies acting at their direction, allegedly unlawfully broke into someone's home, stole their possessions and destroyed them, and then unlawfully denied the rightful owners access to their own property.

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