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Blurbs from the Bossman

Who's Minding the Store?
by Scott Perry | 2010/03/10 |

Well, the 'net is buzzing once again with news of the latest screw-up by Bank of America.  Seems that they took possession on the wrong house...again.  My question is: how does a thing like this keep happening with the same company over and over again?

Blurbs from the Bossman ::

This time, it's Angela Iannelli of Gibsonia, PA just north of Pittsburgh who is the victim of BoA's gaffe.  But she's not taking things lying down and has filed suit against the bank.

"If you or I did to Bank of America what Bank of America did to my client, we would be in prison for 10 years," says attorney Michael Rosenzweig, a partner at Edgar Snyder & Associates, the law firm which represents Ms. Iannelli.

The suit, filed Monday in Allegheny County Common Pleas Court, alleges that the bank's third-party contractor Snyder Property Services of Ebensburg, PA damaged her furniture, cut off the utilities to the house, put dangerous chemicals in the drains and water fixtures, removed Ms. Iannelli's pet parrot and padlocked the house.

According to Attorney Rosenzweig, the contractor "[t]ook her family pet of 10 years and denied any involvement in it for over a week before they finally told her how she could seek retrieval of her pet."   She did eventually get her parrot back, but had to drive to Ebensburg, Cambria County some 80 miles away to do so.  Ms. Iannelli says that she has always made her payments on time and that her mortgage has never been in default.  Under Pennsylvania law, a lender must give a 10-day notice before entry of default and notice of intent to foreclose at least 60 days before any proceedings are initiated.

This isn't the first time Bank of America has pulled a stunt like this.  Similar cases in Florida and Texas have resulted in a spate of lawsuits against the mortgage giant, which recently took ownership of Countrywide Financial.  One guy whose home was wrongfully siezed doesn't even have a mortgage with BoA.

I could see this happening in an isolated incident, after all, with all the foreclosure activity taking place, someone was bound to get careless.  But my question is how does a thing like this keep happening over and over again, and with the same lender?  Who at Bank of America is responsible for seeing to it that proper procedure is being followed?  A little due diligence on the part of the contractor could have gone a long way toward avoiding a lot of hassles for Ms. Iannelli and the others as well.  Maybe I'm thinking too much like a researcher, but it seems to me that a trip to the local courthouse to verify the defaulting borrower's name and address could have prevented this from happening.  For its part, BoA says it's "sincerely sorry" for the mixup and says it has "zero tolerance for this kind of error."

Yeah, and as Dr. Phil would say, "how's that workin' for ya?"
 




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680 words | 3409 views | 5 comments | log in or register to post a comment


Who's MInding the Store?

This isn't just incompetence and stupidity, its EVIL!

Further evidence of how degraded our society has become.

The "I don't give a s---, has nothing to do with me attitude! I will do what I want no matter who's lives get ruined.

Very sad.

 

 

 
by Jessica Talley | 2010/03/11 | log in or register to post a reply

Sad But Easier Than You Think

Unfortunately it is easier than you think. I am assuming that it was the result of a forclosure. It can occur if the legal description of the property contained within the complaint filed with the court is wrong. It can also occur if the defendant ignores the legal notices the court requires to be sent to the defendant. I am sure there are other causes too.

However, Ms. Ianelli would seem to have a very strong case, and I wish here good luck.

 
by Kevin Ahern | 2010/03/11 | log in or register to post a reply

How could this not happen over and over?

In case no one has noticed, the banks and their attorneys are demanding that the foreclosure searches be done for about 1/2 of the normal fee for a continuation search.  Qualified experienced searchers are not doing the foreclosure work anymore.  The banks are getting what they paid for, poorly done work by unqualified searchers.   And, when a searcher makes a mistake on a regular search the owner usually is forthcoming with the correct information whereas in a foreclosure search the owner obviously is not given an oppurtunity to help the incompetent searchers correct their mistakes.

The only requirement to get this kind of work is how cheap and how fast the "searcher" can do it and does said searcher carry e&o insurance.  No one ever asks me anymore if I have the skills and experience to take on the work being offered. They do not care if the work is done properly, only that it is completed on time and you have insurance so they can sue you.

I will be shocked if this and other types of mistakes do not increase in their frequency.

 

 

 

 

 

 
by John Franz | 2010/03/15 | log in or register to post a reply

Overcharging for these type of searches
In Virginia when a foreclosure takes place a trustee's report is required to be filed to account for all the monies disbursed- I have looked a number of them and notice that the average title examination fee usually exceeds $250 !!! Another padding of the title fees. 
by STEVE MEINECKE | 2010/03/20 | log in or register to post a reply

title search on a foreclosure?

Oh, come on now, why would you expect a foreclosure mill to do a title search? After all they have the Lender's Title Policy don;'t they?   Friends I could relate some stories that would make your toes curl.  I am not at all surprised that these type things are happening over and over again.

I have a file on my desk that I have had for over a year. I have begged, and pleaded with the foreclosure attorney to get them to file a title claim because the legal description to the property has been incorrectly "copied" over and over again since 1956 and no one ever noticed.  So when we finally get the title report, and we READ the documents we discover that the property foreclosed upon is actually the property adjacent to the property which should have been foreclosed upon. 

The foreclosure attorney's answer to this problem?  Well, of course they wanted me to accept a Letter of Indemnity.  I advised that I could not accept a LOI but they tried to get one anyway, and guess what, their underwriter would not give them one.  I tell you all no one cares about the lack of professionalism that is going into these foreclosure title searches.  Every single person who is seeking to purchase a property that has been recently foreclosed upon should absolutely seek the services of a title agent who understands foreclosure and who will READ the docket entries, deeds in the chain of title etc. 

I am more frustrated today than usual as we are at month end and the asset managers on all of my REO properties (which are all of my files, haha) NEED to close before month end.  Do they care that the title is defective, that the foreclosure is defective, that there are not trustee's deeds on record, and on and on and on.  NOPE.  So, buyer beware!!

 
by CHARLENE PERRY | 2010/03/29 | log in or register to post a reply
Blurbs from the Bossman

 

Thoughts, Observations
and Ruminations of an Independent Title Examiner Living & Working in the "Steel Buckle of the Rust Belt."

 

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