Bank Repossesses Wrong Home, Won't Accept Responsibility

[Kedric]

Saw this on a sidebar when I was reading about the Amash Amendment votes on the Blaze. Happened over in OH, but should still get your blood up....

Bank breaks into her home, trashes the place and breaks things, steals her stuff, sells some of it off, and then won't make it right and pay her for their 'mistake.'

Bank Breaks Into Ohio Woman?s Home, Repossesses Her Belongings ? But That?s Not the Most Shocking Part of the Story | Video | TheBlaze.com

 

[lucky4034]

Can you say "Robbery"... or "Grand Theft". I'd press charges and sue.... Someone is either going to prison or I'm going to receive enough money to pay for my things, my time and my hassle and hopefully the rest of my mortgage.

 

[CathyInBlue]

Except that her local LEOs have already washed their hands of their own mistake in permitting it. She'll have to file a civil lawsuit to get any satisfaction.

 

[hooky]

She tried to press charges and police are saying the case is closed.

 

[Expat]

After reading the story, it didn't seem as bad as expected. It sounds like the bank has made an offer. Reading between the lines it sounds like the homeowner is demanding prices at full replacement cost. The bank only owes the depreciated value of the items. If you have a ratty 20 year old sofa, they don't owe you for a new one. The situation would suck to be sure.

 

[eldirector]

She tried to press charges and police are saying the case is closed.

Not their call. Wonder what the prosecutor's office is saying?

 

[eldirector]

After reading the story, it didn't seem as bad as expected. It sounds like the bank has made an offer. Reading between the lines it sounds like the homeowner is demanding prices at full replacement cost. The bank only owes the depreciated value of the items. If you have a ratty 20 year old sofa, they don't owe you for a new one. The situation would suck to be sure.

This isn't an insurance settlement. If someone steals your "stuff", they owe you your stuff back. If they don't have it, then they owe you new stuff to replace it.

They also owe "us" some jail time and community service, so they can learn not to steal stuff.

 

[jedi]

So her stuff was stolen by the bank. Does not her homeowner's insurance not cover this under 'buglury'? Or is it because the police have closed the case (and did not make a theft report) that the insurance is not in play here?

Could she not do what some other lady did a while back (online article somewhere) and took the case to civil court where a judge awarded her (the lady) possession of all equipment/furniture at the local bank branch since the bank was trying to repo her house which she had already paid for. That lady went with a u-haul truck and some movers and the court order it was only then that the bank 'too notice' and got their act together.

 

[hooky]

Not their call. Wonder what the prosecutor's office is saying?

I've got to assume that's coming from the prosecutors office.

No mention of it in the original story here Vinton County Woman Wants Possessions Back After Bank Tried To Repossess Wrong House | WBNS-10TV Columbus, Ohio

Sadly, she probably needs to lawyer up.

 

[Expat]

This isn't an insurance settlement. If someone steals your "stuff", they owe you your stuff back. If they don't have it, then they owe you new stuff to replace it.

They also owe "us" some jail time and community service, so they can learn not to steal stuff.

Never assumed it was an insurance settlement. I wasn't aware that banks that make a mistake were held to a different measure of damages from other citizens. Could you please cite the case law or IC code?

 

[hooky]

So her stuff was stolen by the bank. Does not her homeowner's insurance not cover this under 'buglury'? Or is it because the police have closed the case (and did not make a theft report) that the insurance is not in play here?

Could she not do what some other lady did a while back (online article somewhere) and took the case to civil court where a judge awarded her (the lady) possession of all equipment/furniture at the local bank branch since the bank was trying to repo her house which she had already paid for. That lady went with a u-haul truck and some movers and the court order it was only then that the bank 'too notice' and got their act together.

IMO it shouldn't be on the insurance company. It's on the bank.

 

[CathyInBlue]

Depreciated value is only for when the destruction was accidental, no culpability. This was a deliberate act of negligence. Full replacement costs attach to any just settlement here, plus any costs associated with putting everything back in place in her house from where ever they've taken the things they haven't destroyed or sold..

 

[lucky4034]

So her stuff was stolen by the bank. Does not her homeowner's insurance not cover this under 'buglury'? Or is it because the police have closed the case (and did not make a theft report) that the insurance is not in play here?

Could she not do what some other lady did a while back (online article somewhere) and took the case to civil court where a judge awarded her (the lady) possession of all equipment/furniture at the local bank branch since the bank was trying to repo her house which she had already paid for. That lady went with a u-haul truck and some movers and the court order it was only then that the bank 'too notice' and got their act together.

Really? Thats awesome... you wouldn't happen to have a link to that story would you?

 

[lucky4034]

IMO it shouldn't be on the insurance company. It's on the bank.

This...

 

[eldirector]

IMO it shouldn't be on the insurance company. It's on the bank.

Without a police report, I doubt your insurance company will get involved.

This may have started with a mistake, but it most certainly became criminal once they were aware of the problem and didn't immediately fix it. I'm not surprised local LE has washed their hands (they have a relationship with the banks), but the fact that the local prosecutor isn't at least leaning on the bank is surprising. You can't take someone's stuff, refuse to return it, and then offer them less than replacement value. Unless there is some law that shields banks from criminal conversion charges?

 

[HoughMade]

You can not repossess a house. You can repossess personal property. You foreclose on a house.

It worse than clip vs. magazine.

I don't know Ohio law, but in Indiana, the measure of damages is not replacement value. It is generally "fair market value", but for items with specific emotional value, that can be taken into account.

This was a mistake, but this "banks are the root of all evil" attitude that some people have is just irrational. If anyone really believes that, I expect you to pay cash for your house and never use credit cards or have bank accounts.

 

[jedi]

Really? Thats awesome... you wouldn't happen to have a link to that story would you?

Homeowner Forecloses on Bank of America | TIME.com

 

[CathyInBlue]

Homeowner Forecloses on Bank of America | TIME.com

BoA is involved in an astronomical number of these faulty foreclosure stories.

 

[lucky4034]

Homeowner Forecloses on Bank of America | TIME.com

Thank you... that is crazy.

 

[2ADMNLOVER]

This was a mistake, but this "banks are the root of all evil" attitude that some people have is just irrational. If anyone really believes that, I expect you to pay cash for your house and never use credit cards or have bank accounts.

This country and it's people , would be A LOT BETTER OFF if folks exercised some self discipline and did just that . Pay as you go and be in debt to nobody and your not a slave .


This bank should be made to make her whole again and some folks need to go to jail over it .