posted on Feb, 13 2010 @ 03:37 PM
There's no denying what B of A did was the result of gross incompetence on their part and that the couple deserves compensation, but I think the
worst of it could have been avoided if there would have been a bit more diligence on the part of the plaintiffs given the severity of what was
They first knew of the mistake in July, and didn't take any decisive action until January of the next year. In between that time, there are question
marks about what was transpiring between the tenant and the Cardosos, especially with this strange paragraph:
"A landscaper Bank of America hired in August to mow the grass on the property broke a fence to bring in his equipment. The tenant got spooked and
moved out just before Christmas."
So how long had this guy been mowing the grass? From August to December? Because if B of A hired him to do it in August, wouldn't it be assumed
that's when he started doing it? If so, was this never mentioned to the Cardosos? When did he break the fence to bring in his equipment? Did the
Cardosos know the tenant was going to move out? It states that she "got spooked and moved" before Christmas, but it doesn't specifically say she
didn't give them written notice of any kind. If they had any idea she was moving, it seems there would have been some discussion between them about
Mrs. Cardoso says she and her husband have a lot of friends in the neighborhood. One of those friends was helping the Cardosos' tenant remove some
of her belongings in January, which is at least a couple of weeks after her reported official move. So I wonder if the neighbor told the Cardosos
this woman had moved prior to the lock box being put on in January.? If the neighbors knew the tenant well enough to be helping her move her
belongings, then it might stand to reason that they could have also had a conversation with her about the fact people (hired by B of A) were intruding
onto the property and placing equipment there since this was her reason for getting "spooked" and moving. If so, did the neighbors tell the
Cardosos about this?
Don't get me wrong, I'm not saying that the Cardosos don't have a right to sue. I just think there's a possibility the couple could have saved
themselves a lot of this heartache and stress (losing tenant, losing belongings, having to miss the family event for travel to Florida, etc.) if they
would have been more diligent in their efforts to ensure the bank corrected the problem. Clearly, the tenant had given the impression that she was
already concerned about the Cardosos' credibility with respect to their rental agreement after the first incident in July, and it seems that between
then and January there were signs that this problem had not been corrected that the Cardosos might have been aware of and failed to act upon.