Another Homeowner Who Never Missed A Payment Victimized By Wrongful Foreclosure Lock-Out; Bank Agent Admits Screw-Up
In Scottsdale, Arizona, KTVK-TV Channel 3 reports:
- The foreclosure crisis has forced thousands of Valley families out of their homes but a few days ago a Scottsdale woman got locked out of her home, which is not in foreclosure.
- Banks are hiring private companies to lock people out of their foreclosed homes but mistakes are being made due to more homeowners going into foreclosure. Cory Miller says she came home to her Scottsdale condo last week to find she had been locked out. Someone had put a lock box on her door and taped up a scribbled note which said they were given the address as a foreclosed property.
- Miller says, “I haven't missed a payment. Ever!" Miller says she called police thinking perhaps it was a scam or maybe she had been robbed. A Scottsdale police officer arrived to check things out and it turned out the whole thing was a mistake.
- The note on the door was signed by someone from Regis Development. Miller says she called them, explained they had the wrong house and they sent someone to fix her lock. The CEO of Regis Development admits to the mistake. The company is hired by banks to put lock boxes on foreclosed homes. Leo Loiacano admits, “Unfortunately when stuff like this happens, it's a serious nature. You're acting on behalf of a bank and if they send you to the wrong the spot you're in the wrong spot."
- Miller says the whole situation left her feeling unsettled. “If somebody told me yesterday that somebody can gain access to your home and lock you out I would’ve said ‘You're out of your mind there's no way’ but today I'm living it." 3TV spoke to attorneys and police about the matter and they all say there is no way to prevent this kind of thing from happening
.(1)
Source: Scottsdale woman locked out of home due to foreclosure mistake.
(1) For a recent similar incident in Arizona, see BofA Bagged Again On Wrongful Foreclosure Attempt; Says It's Sorry For Action Against Couple With Paid-Off Loan After Local Media Steps In.
Earlier media reports reveal that at least one Massachusetts law firm is apparently going around the country taking on these illegal lockout cases on behalf of screwed-over homeowners. See:
- Bank admits mistake on Willcox home foreclosure (involving an Arizona homeowner) (for a copy of the resulting federal lawsuit, see Newman v. Bank of America, N.A. and go here for the attached Exhibits),
- Family's recently purchased home, gutted by property removal service (involving a Michigan homeowner) (for a copy of the resulting federal lawsuit and accompanying Exhibits , see Rought v Deutsche National Trust Company, Trustee, et al.).
For those homeowners who've been screwed over by wrongful lockouts by foreclosing lenders (and their confederates) and seek some possible guidance on how much their cases might be worth if they seek to sue, see:
- Nevada High Court OKs $1M+ Damage Award To Homeowner Due To Mortgage Company Misidentification Of Home In Foreclosure (for the court ruling, see Countrywide Home Loans v. Thitchener, 192 P.3d 243; 2008 Nev. LEXIS 79; 124 Nev. Adv. Rep. 64 (September 11, 2008)),
- Long Island Judge Hammers Wells w/ $155K Tab For Oppressive, Heavy Handed, Egregious Conduct For Pre-Sale Lockout Of Homeowner In Foreclosure (for the court ruling, see Wells Fargo v. Tyson, 2010 NY Slip Op 20079 (Sup. Ct., Suffolk County, March 5, 2010)).
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