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Originally posted by roadgravel
reply to post by ShadellacZumbrum
Is there info some where on the net that explains why it is a civil issue?
Originally posted by OccamsRazor04
Originally posted by roadgravel
reply to post by ShadellacZumbrum
Is there info some where on the net that explains why it is a civil issue?
It comes down to intent. Let's say you move into a new apartment building. You just ended a 16 hour work shift, you're exhausted, you go home and fall into bed. Few hours later someone screaming wakes you up. You realize you're in apt 204, not 304. There is a case to be made for criminal trespass. The contractor, not the bank, would be the one charged, what justice does that serve?
Here is just such a case. This man was charged most likely because he was drunk, and 20 miles off course. There is no burglary charge to be had here.
www.huffingtonpost.com...
Keyword: bank.
An Vinton County woman is looking to get her belongings back after a bank incorrectly broke into her house and took them.
.
the bank sent someone to repossess the house located across the street
Originally posted by Liquesence
The article leaves details very vague about "who" actually went into the home.
It states firstKeyword: bank.
An Vinton County woman is looking to get her belongings back after a bank incorrectly broke into her house and took them.
and later
.
the bank sent someone to repossess the house located across the street
The question, as others have rightly pointed out, is whether the person who entered and discarded the belonging was a direct employee of the bank or a third party contracted by the bank. If the latter, I presume that it was an ignorant mistake, in which case said third party, even if acting as agent of the bank, is responsible unless the bank gave the incorrect address for foreclosure, in which case the bank is responsible. If it was a direct employee of the bank, then the bank is responsible regardless if the address was wrong or not.
Those factors should determine whether the bank is truly responsible, and the article does not make that clear (I did not watch the video).
It still seems incredible to most citizens that banks can break locks, go into houses, remove property, and the police don’t consider it to be a crime, even when a bank agent breaks into the wrong home. Since banks routinely force their way into houses during foreclosures, the police apparently can’t wrap their minds around the fact that servicers might be going into houses they aren’t entitled to invade.
Originally posted by WP4YT
They better hope they never break into my house by mistake, or that will be the end of that.
Originally posted by mikegrouchy
Originally posted by WP4YT
They better hope they never break into my house by mistake, or that will be the end of that.
By the logic of the conspiracy law
they did break into your house,
and my house, and all of our
houses.
This should be the end of that.
Mike
Originally posted by OccamsRazor04
Originally posted by mikegrouchy
Originally posted by WP4YT
They better hope they never break into my house by mistake, or that will be the end of that.
By the logic of the conspiracy law
they did break into your house,
and my house, and all of our
houses.
This should be the end of that.
Mike
You keep making posts that make no sense. Seriously take a break, go for a walk, have a beer.
Originally posted by OccamsRazor04
Originally posted by roadgravel
reply to post by ShadellacZumbrum
Is there info some where on the net that explains why it is a civil issue?
It comes down to intent. Let's say you move into a new apartment building. You just ended a 16 hour work shift, you're exhausted, you go home and fall into bed. Few hours later someone screaming wakes you up. You realize you're in apt 204, not 304. There is a case to be made for criminal trespass. The contractor, not the bank, would be the one charged, what justice does that serve?
Here is just such a case. This man was charged most likely because he was drunk, and 20 miles off course. There is no burglary charge to be had here.
www.huffingtonpost.com...
"I'm either leaving the building with a whole bunch of furniture, or a check or cash or something," the attorney, Todd Allen, vowed.
It was a scene that turned the foreclosure crisis on its head, if briefly. Collier County sheriff's deputies entered the bank shortly after 9 a.m., located the bank manager and presented him with a court writ and a familiar choice: Pay the money or prepare to lose possessions