Bank Tried To Repossess Wrong House, Now Owner Wants her Property Back

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...

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'll tell you what the freakin intent was.

There was no such thing as a federal conspiracy law in this country.

But they damn sure passed one.

So if they could arrest just a single person in a gun club for the accidental manslaughter of person,
then they could string up the whole gun club.

And NOW you WANA make NICE with the freaking BANKSTERS.



Hoist em on their own petard.

They are all guilty of conspiracy to defraud.

Whoops wouldn't work in a manslaughter case,
and it damn sure wont work in this one.

They already misplayed their hand
..."we're not gonna pay retail..."


Mike

The article leaves details very vague about "who" actually went into the home.

It states first

An Vinton County woman is looking to get her belongings back after a bank incorrectly broke into her house and took them.

Keyword: bank.

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).

Originally posted by Liquesence
The article leaves details very vague about "who" actually went into the home.

It states first

An Vinton County woman is looking to get her belongings back after a bank incorrectly broke into her house and took them.

Keyword: bank.

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).

By that same reasoning,

one could never apply the conspiracy law to the Mob,
because the hit man was a sub contractor.


The person,
AND the bank
are guilty of conspiracy.

Jail for all of them,
and the vet for their pets.

These bankers and their cops shoot our pets all the time.
It's only fair. But by bringing little mittens to the vet
we'll actually be acting more humanely.


Mike

reply to post by roadgravel


Here is a good article,

Judg e Refuses to dismiss Bank Break-In Case

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.

I am still trying to find the article I had read about the law.

reply to post by Liquesence


You do not know the law. You are wrong. If the bank gives the correct address and sends the contractor out and the contractor goes to the wrong address the bank is still liable for the actions of it's agent. The contractor could also be sued rather than the bank.

They better hope they never break into my house by mistake, or thatwill be the end of that.

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 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 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.

Occam,
I have never known you to be either
a shill for the banksters nor
unreasonable in any position or opinion.

In fact, a beer and a walk sound like a great idea.

And when I return I shall continue,
but refreshed, louder, and less inhibited.

/viva la revolution!

Mike

reply to post by mikegrouchy


A break does us all good now and then my friend

reply to post by ShadellacZumbrum


I did read that one. It made me think that it is something that has been overlooked for too long.

Intent can be a tricky position. If a driver speeds even thought he had no intent, he still gets a ticket.

I would say that this is a case of 'injurious incompetence', and that both the bank and the sub-contractor are liable to pay damages and compensation to the house owner through court.

She has taken reasonable steps to pursue her claim with the bank and been rejected, so now it becomes a civil suit to claim the original cost, damages and compensation. Both the bank and the sub-contractor have severely infringed upon this woman's constitutional rights by their incompetence. There can be no other logic involved.

reply to post by Wrabbit2000


There was a case with BoA where they pulled some shenanigans.
So the person went to court and got the judge to sign an order to reposses everything within a bank branch.
The person showed up with the sheriff and two moving vans ready to take everything from the bank branch.
Needless to say she got a check real fast.


abcnews.go.com...

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...

In that case the law should be changed since there where things removed that should not by a person who have no right to do it. I do not care that the law wants criminal intent. Incompetence on this scale is criminal from my point of view and someone should do jail time for it and I mean everyone that have any responsibility for it. These person should not be above the law.

Another example of the Banks haveing there own laws.


Question? Do the banks have to legaly get a court order first in the US before they take your stuff or can they just do it?

Just might work diffrent as in the UK you have to get a court order and even then you have to be in at home and willingly give them entry (though leaveing a door or window open is classes as willing entry).

I wonder what would happen if I turned up at my local bank and decided to take one of there computers.


I mean my tax money paid to bail them out so surely I own a couple of thousand £ worth of there equipment

reply to post by crazyewok


It has already happened.

"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

Couple forcloses on Bank

reply to post by ShadellacZumbrum


Put a smile on my face

Still the goverment should seize the assets of all the big banks invovled in the banking crisis and dish there money out to up plebs who paid for there arses.