Bankster's Failure To Obtain Writ Of Possession May Be Crucial In Recent Suit Targeting Wells Fargo Alleging Post-Foreclosure Sale Home 'Trash-Out'

In Parma, Ohio, WKYC-TV Channel 3 reports:

• Foreclosure is a nightmare in itself and now a Parma woman says Wells Fargo closed up her house and cleaned her out illegally. "It was my first home, it was my children's first home that we owned," says Elizabeth Kennedy. It was her American dream: A home on a quiet street in Parma.



• But the nightmare of the recession hit her family hard. "About a year ago, year and a half ago, my husband lost his job. It was supposed to be a month long thing, it ended up being almost a year," she explained.



• Despite attempts to get the house back, Kennedy's home went into foreclosure and sold back to the bank at auction. Then going through divorce, this legally blind mother of two relied on friends to slowly move her possessions out of her home.



• One day -- she says without warning -- the locks had been changed with some of her stuff still inside. She still had boxes of baby pictures, sentimental family memories, TVs, furniture and four brand new dirt bikes.



• After two weeks of trying to go through Wells Fargo, she finally broke in to find all of her stuff gone. "I don't even think there was a dust bunny in the corner. There was nothing, just completely empty," Kennedy said.



• She hired attorney Ed Heben after she learned from the Cuyahoga County Sheriff's Department that the mortgage lender never requested a "writ of possession" and that the house was still legally her property.



• Heben filed a lawsuit Wednesday against Wells Fargo/U.S. Bank. "They've been sued for trespassing, changing the locks on a property, conversion -- which is theft and stealing of the personal property," says Heben.



• Kennedy says the company that claims to have hauled everything away says they dumped it in Sparta, Ohio. Wells Fargo says it does not have the lawsuit in-hand and said it would look into her case.(1)

Source: Parma woman sues Wells Fargo for "trashing out" foreclosed home.

(1) 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 (Nev. 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)).

For examples of filed lawsuits involving illegal bank break-in, "trash-out" & lockout cases, 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),



• Couple: Bank Foreclosed On Wrong House (New Bedford Couple Suing Bank Of America) (involving a Massachusetts resident with a home in Florida) (for a copy of the resulting federal lawsuit, see Cardoso v. Bank of America, et al.),



• 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.),



• In a Sign of Foreclosure Flaws, Suits Claim Break-Ins by Banks (involving a California homeowner) (for a copy of the resulting federal lawsuit, see Ash v. Bank of America).