Bank of America and Wrongful Foreclosures

Q.  When is a crime not a crime?

A.  When the crime is committed by a bank.

Those of who blog about wrongful foreclosures have for years now been writing articles disclosing the many frauds committed by the banks.  From securitization to the court house step sale of residential property.  Yet for years now no one in power – law enforcement agencies – seem to care.  In fact, they most often have turned a blind eye if not aided and abetted these crimes themselves.

Last night I was wondering about our laws and the very basic principal of assumed innocence until proven guilty.  Of course, this applies only to criminal cases not to civil.  In civil court the one must prove their innocence so they are presumed guilty at first.  I never did understand that.

All that being said, I am a firm believer in the assumption of innocence until proven guilty.  Without that major assumption many would fall into this abyss of guilt when truly innocent.  This, of course, is a much larger topic not for this particular forum.

Having said I believe in innocence until guilt is proven, why then to I openly accuse banks and their bankster executives of criminal actions and continued criminal activities?  The answer is simple.  It is because there has been more then sufficient evidence produced and published  – often times with admission.

Here are just two more examples of proven guilt beyond a reasonable doubt.  While the stories are not new, they have received wide spread national media attention.  These are not isolated cases and Bank of America, as indicated in one of the linked articles below, is referred to a “serial offender of foreclosure fraud”.

The first story is about the 82 year old Tampa man who went on vacation to return home to a house that had been emptied of all its contents.  All of his lifelong belongings and possessions.  The locks on his door were even changed.

On the outside this would immediately look like a case of breaking and entering, burglary and grand theft yet the local police department did nothing.  They called the contractor who was hired by B of A to clean out the house who simply told the police “it was a mistake” (Indeed, they were contracted to clean out the house next door).  The police then concluded that this was a civil matter not a criminal case.  Civil???  Someone just broke into a house and burglarized it of all its contents! 

Watch this brief video from MSNBC and Dylan Ratigan…click hereSorry, embed not possible

To add insult to this massive injury…the house had no mortgage.  It was free and clear.

What ever happened to the right of privacy in our own homes as well as to the right of peaceful enjoyment?

In this second case which happened in Collier County, Florida (just down the road from Tampa), another couple who paid cash for their home  and was being foreclosed on by – none other then – Bank of America.  They went to court, proved they owned the house free and clear.  The judge ruled that it was a wrongful foreclosure.

Here again, wrongful foreclosure to me means a fraudulent one.  If this is fraudulent and fraud is against the law then where is any criminal action agaisnt BofA?  Fraud, last I looked, was against the law – a crime.  Maybe I am wrong about that.  Perhaps if an attorney is reading this they may want to clarify this for me.

The outcome of this case is somewhat different from the case above.  The homeowners did succeed in fighting the wrongful foreclosure and are trying to collect their legal fees.  In a strange turn of events, they actually foreclosed on the bank.  Kudos to their attorney who had the chutzpah – guts – to do so.

View the entire report from digtriad.com/WFMY News…click here
Sorry, embed not possible

 

Two examples of crimes committed.  Conclusive proof and evidence I would say.  Both cases should have criminal charges placed against the offenders yet once again, if you are a bank, you own a permanent “Get Out Of Jail Free” card.

Related articles

• Bank Errors Continue to Cause Wrongful Foreclosures (propublica.org)
• “Bank of America ‘Significantly Hindered’ Review of Foreclosures, US Says” and related posts (legitgov.org)
• Bank Of America Accused Of Obstructing Foreclosure Probe… (tominvestor.wordpress.com)
• Bank of America-Countrywide: Worst Deal in History? (blogs.wsj.com)
• David and Goliath? Bank of America pays out because of poor customer service (injuredworkerslawfirm.wordpress.com)
• Forensic Study Exposes Massive Foreclosure Fraud (beavercountyblue.org)
• Bank of America Gets Pad Locked After Homeowner Forecloses On It (scienceoftruth.wordpress.com)

The link below is worth viewing.  I will post it another day for all to see.

• What happens when you stop paying your mortgage? (cbsnews.com)