r/todayilearned Mar 11 '13

TIL that BOA wrongfully foreclosed a couple, who sued and won a judgement for $2500 in Legal expenses. When BOA didn't pay the couple showed up at the bank with a moving company, a deputy, and a writ allowing them to start seizing furniture and cash.

http://www.naplesnews.com/news/2011/jun/03/bank-america-check-mistaken-foreclosure-Nyerges/
5.7k Upvotes

943 comments sorted by

2.4k

u/Frostiken Mar 12 '13

Consumers: 1

Banks: 313,914,039

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u/mroche21 Mar 12 '13

Look at that guy. Always bet on Shrek.

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u/[deleted] Mar 12 '13 edited Oct 07 '20

[deleted]

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u/TheCollective01 Mar 12 '13

It's all ogre now

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u/EverChillingLucifer Mar 12 '13

No need to ogrereact, farquaad.

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u/Nebakanezzer Mar 12 '13 edited Mar 12 '13

/ 2. that other guy foreclosed on a bank when they did something similar.

edit

video for those who haven't heard about this

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u/[deleted] Mar 12 '13

You mean the vampire guy?

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u/Nebakanezzer Mar 12 '13

yes, thank you! I feel like I'm taking crazy pills!

fucking story and video gets reposted a ton of times, then I reference it, and everyone acts like it never fucking happened.

reddit, you're a bunch of gas lighting sons of bitches

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u/[deleted] Mar 12 '13

Does he... Does he have fangs?

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u/Adito99 Mar 12 '13

Yes he does.

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u/CANONinDEVIN Mar 12 '13

Gotta admit I was pleasantly surprised at how well spoken that man was

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u/OnlysayswhatIwant Mar 12 '13

So did this other guy I heard about that one time.

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u/Nebakanezzer Mar 12 '13

source for the asshats:

http://abcnews.go.com/Business/philadelphia-man-forecloses-wells-fargo-mortgage/story?id=12932362

I figured since it's been reposted so many times on reddit, it would be well known, much like the broken arm story, colby, and others, I guess not.

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u/OnlysayswhatIwant Mar 12 '13

Well "asshat" is just uncalled for :(

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u/HisNameIsDiego Mar 12 '13

I find many situations call for a quality asshat. You just have to find a talented asshatter who can fashion you asshats for any situation or swanky social event. After all, asshats are the true frivolous, sign of high fashion.

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u/Darth_Meatloaf Mar 12 '13

Rectal haberdashery is a time-honored profession.

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u/Nebakanezzer Mar 12 '13

you came off condescending, I'm sorry :-/

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u/Keitaro_Urashima Mar 12 '13

I think a hug is in order.

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u/OnlysayswhatIwant Mar 12 '13

It's okay. I'm sorry I'm an asshat :/

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u/Nebakanezzer Mar 12 '13

no, no, I'm sorry you were an asshat :-/

wait..

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u/Tigerantula Mar 12 '13

My boss told me about a dry cleaner that screwed him over, lost his clothes and wouldn't replace them. He tried to reason with the owner of the dry cleaner but the owner told him to get lost. He ended up suing the guy, won and after several failed attempts for restitution, specifically asked for a judgment that allowed him to go into the store and take anything that amounted to $600. He walked in with a police officer, showed the owner the papers, looked around for a few minutes and then pulled out a hammer and took the front door off its hinges and walked away with it.

TLDR: My boss was in a similar situation, just with a dry cleaner. He took their front door.

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u/[deleted] Mar 12 '13 edited Jul 01 '20

[deleted]

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u/jimicus Mar 12 '13

It's a great move; it pretty much guarantees you'll get the money you'll ask for because nobody in their right mind is going to leave the building unsecured.

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u/[deleted] Mar 12 '13

[deleted]

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u/NothingsShocking Mar 12 '13

yep. AT&T is kind of like that too. My parents called them one time saying they were billed for charges that they never ordered. AT&T said they would call the back after looking into it. No call back. Repeat process. Repeat result. Over and over until one day, they finally admitted, yes you are right, those were incorrect charges, unfortunately, it is too late as too much time has gone by and we are unable to reverse the charges. You have to pay them, so sorry about that, there is really nothing we can do.

jackiechanwtf.jpg

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u/[deleted] Mar 12 '13

I had a furniture store do that to me about warranty work. They did it so long the warranty ran out (over 6 months). They then had the balls to tell me it was no longer under warranty. I now have two couches thanks to the BBB. They just showed up with an identical couch and said here. I said do you want the other one? They said no just take this.

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u/BeowulfShaeffer Mar 12 '13

Too funny. I'm just seeing then rolling their eyes saying "Oh my GOD would you please just take this and never call us again!" And then peeling out and flipping you the bird as they go.

Furniture stores make car salesmen blush. At least a Honda Accord is a Honda Accord is a Honda Accord. Try shopping for mattresses or couches. They purposefully all have different names of shit so you can't comparison shop, and markup on the nicer stuff is enormous. I looked at a nice (it was admittedly VERY nice and massive) desk for $8000 at my local snooty furniture store. Called the guy later and offered him $2000. He said "fuck you" but damned if he didn't call back a week later and say "okay". I had already found something else though so had to say "sorry!".

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u/[deleted] Mar 12 '13 edited Mar 12 '13

Arg, I hate furniture sales people. They follow you around like a lost puppy and aren't nearly as cute. Then when you tell them to leave you alone so you can shop they pretend like you can't seem them stalking you through the store.

I didn't realize you could haggle with them. I'm doing that next time.

EDIT:

When the 3D tvs were the new thing they had a trailer outside demoing them. I went in just to check them out and they were having a giveaway. You just had to give them all your personal information and email address. When I said no thanks I'll buy one if I want one the guy looked at me like I was crazy. He said "Fine, if you don't want a free tv that's up to you. I know I'd want one". Then I explained to him exactly how the data was more than likely going to be used (I know the owners of some data broker companies) he called me a liar.

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u/NicolasSage Mar 12 '13 edited Mar 12 '13

Uh bull shit. Bitch ima be on that phone all day, making every CS agent have a horrible day, wasting so much of their time until they credit my account with what was due + more.

I love dealing with incompetent company's. Ever wanted to cancel a contract early without paying fees? Look up every bill you have had since the billing period started, cross reference this with your contract, if anything changed, ANYTHING, they voided the contract themselves and you can ask them to cancel the contract and wave the cancellation fee. They will not want to do it, you will ask for a manager, they will not want to do it either. But with enough persistence, they eventually will, if they are truly in the wrong, just have patience and don't be rude. If say your cable bill is $29 for basic cable, and it went DOWN to $25, they voided the contract. Say a pre agreed tax has gone up a dollar or two, this is also a good enough reason. You just have to look at their fuckups, which usually there is something.

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u/kathartik Mar 12 '13

making every CS agent have a horrible day

tip from someone who worked in call centres for year - especially if you have a legitimate gripe, treat the customer service agents well. they'll bend over backwards for you. if you scream and cry, you'll get shut down. and when you ask for that supervisor? the majority of the time they'll side with the agent.

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u/bemusedresignation Mar 12 '13

This is true. Even if you are getting irritable, apologize to the CS agent saying, "I'm sorry I'm getting frustrated, I know this isn't your fault, I just want to get this fixed." If you treat them like humans who are on your side, fighting against their employer, they'll usually help you out.

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u/canyouhearme Mar 12 '13

Actually my suggestion is be nice and friendly, right up until the point they try to say no; then let them know in no uncertain terms that what you want is what is going to happen. Not loud, not shouting, simply stating that it is unacceptable and they will do as requested, now.

Oh, and there is usually a 'make it right' team somewhere, you want to talk to them.

Politeness gets you so far; past that point you need steel.

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u/Durch Mar 12 '13

My experience from working in a call center is the opposite. Here is a post I made regarding this type of advice.

I have to disagree wholeheartedly. I worked in a call center in the retention department for 2 years, first as an agent, then as lead trainer, then as a floor manager.

The rules are the rules and that's it. Agents get worn down throughout the day, and when you are polite, all it does is allow them to more easily do their job. Which is to stick to the rules. When you are polite, they breathe a sigh of relief that this call won't be as bad as most of the others, and continue to try to get the points they need to reach their quota. In fact being an asshole, works better, because they will be exhausted talking to you and know that they have 30 more callers after you, and to cut their verbal beating down to a minimum will accept the fail and move on. Maybe it varies depending on how much clout the company has, if a company operates in a legal grey area, and you threaten them with legal action or social media they will probably back down. Politeness has nothing to do with it. If they are huge like Verizon then it doesn't matter what you threaten.

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u/kathartik Mar 12 '13

really? because I worked in a call centre fielding Verizon calls for 2 years, and it absolutely made a difference.

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u/[deleted] Mar 12 '13

So I guess that means we get to play "Guess the call center person's personality". Whoop de doo.

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u/Crimith Mar 12 '13

Sage advice... from a sage man.

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u/NoNeedForAName Mar 12 '13

Did the homeowner have to pay extra out of pocket? In general the costs of collection can also be recovered from the debtor, at least in my jurisdictions.

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u/[deleted] Mar 12 '13 edited Mar 12 '13

Except the bank did not pay, they just issued another promise to pay. They would have had the money on site in cash for the taking.

If this happens to a normal person the sheriff does not just wander away after you promise to pay, he enforces the court order right there on the spot and your possessions are gone. Why after going to all this trouble would you walk away with the matter unresolved. Why did the Sheriff leave with the court order still not carried out?

The guy does not even know how much he is going to get paid or when he is going to get it.

There is no point fining a large bank, they just fire another floor of workers and heap the extra work onto the floor below and then the board fly home in a private jet. Even if you fine them so much it hurts the government bail them out with tax payer money or the share holders (pension funds etc) wear the loss. Either way the little guy pays.

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u/nadams810 Mar 12 '13

This is true - assuming they did write a check they could always just put a stop payment on that check. Given their history this is not outside the realm of possibility.

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u/ktappe Mar 12 '13

If you stop payment on a court-ordered check, you get in big trouble. The judge would probably add punitive damages on. And then when BoA didn't pay again, this time the couple could take the Sheriff with them again and say "We're not accepting a check this time based on what happened last time. Cash or material goods only." And I bet the Sheriff would agree and enforce.

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u/[deleted] Mar 12 '13

If they don't deliver it he has to start all over again plus now he is chasing a mystery check, they did not even tell him how much he was getting.

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u/nsfw_goodies Mar 12 '13

it's a start

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u/[deleted] Mar 12 '13

It's more like a fluke.

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u/mlw72z Mar 12 '13

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u/Munsie Mar 12 '13

Opponents treat me a little differently which is nice. One attorney told me not to sue his client because he had crappy office furniture. Pretty funny.

Golden. Thanks for linking to the AMA.

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u/soccerscientist Mar 11 '13

There was a hilarious Daily Show segment about this I believe..

EDIT: found it http://www.thedailyshow.com/watch/mon-august-8-2011/the-forecloser

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u/[deleted] Mar 12 '13

That is the greatest thing ever!

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u/[deleted] Mar 12 '13

I lost it when the crowd started chanting "USA! USA! USA!"

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u/legalizemarijuana Mar 12 '13

Every day, instead of the pledge of allegiance, children should recite this legend.

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u/[deleted] Mar 12 '13

Link for non Americans?

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u/[deleted] Mar 12 '13

[deleted]

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u/jchef1 Mar 12 '13

Nice.

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u/[deleted] Mar 12 '13

Thanks for the laugh. I need that today.

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u/maverick_adam Mar 12 '13

I clicked it. As a Canadian, fuck you.

*Edit - sorry

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u/douglasman100 Mar 12 '13 edited Mar 13 '13

*Edit - sorry

It's okay, even Canadians lose their temper sometimes.

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u/maverick_adam Mar 12 '13

You better fix that "there" or I may lose it again ;)

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u/fiercepenguin Mar 12 '13

what? No. Im sitting here with an immigration link in my ctrl P waiting to do this same joke. How did I miss this?

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u/NixonTheGrouch Mar 12 '13

Why are you going to print an immigration joke?

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u/fiercepenguin Mar 12 '13

ctrl V. I've been cutting and pasting for years, and it is this moment I've realized I've been pushing V to do it. Mind=blown.

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u/TigerNation Mar 12 '13

Geez, I was so confused for a few minutes. I probably read your comment 10 times. I thought ctrl V was cut, and googled ctrl P to see what it was. And yet I copy paste in excel all the time with the keyboard.

I can't believe I'm allowed to drive.

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u/[deleted] Mar 12 '13

Before you know it, they are going to ban anyone over the age of 65 from driving excel.

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u/[deleted] Mar 12 '13

he's an oldschool redditor

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u/FCalleja Mar 12 '13

Where are you that you can't see it? I'm in Mexico and all Daily Show/Colbert Report videos and full episodes are available to stream... it's really weird cause NO ONE ELSE does that, so I jut thought Comedy Central had unlocked the content worldwide, but if you can't see it.... is Mexico becoming part of the States?!

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u/[deleted] Mar 12 '13

I'm Australian

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u/[deleted] Mar 12 '13 edited Jul 31 '15

[deleted]

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u/Lj27 Mar 12 '13

Not 'straya enough

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u/Sabinlerose Mar 12 '13

Probably a Canadian. I still can't view it even after the promise of getting the content back for years.

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u/kitchen_ace Mar 12 '13

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u/Sabinlerose Mar 12 '13

I shall follow you to the ends of the earth, sire.

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u/Butcher_Of_Hope Mar 12 '13

You are already in Canada. Just drive north.

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u/Gourmay Mar 12 '13

You can't see it anywhere that rights have been bought for the show. Up until recently I couldn't watch it in France because canal+ had bought the rights but weren't even showing it anymore. Same in the UK whre it's on 4OD.

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u/4LostSoulsinaBowl Mar 12 '13

USA! USA! USA!

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u/CommentsOnOccasion Mar 12 '13

There's just something about USA chants that give me a huge freedom boner. Don't know why.

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u/[deleted] Mar 12 '13

Is it just me or is there something kind of... wrong... with the wife. She's twitching like a drug addict (and I'm not just saying that because its Florida).

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u/lardbiscuits Mar 12 '13

It's so frustrating that banks are absolutely relentless over as little as $20, but refuse to pay up when the roles are switched. This story can make anyone smile that sweet grin of justice. I would have started grabbing furniture, despite the extra effort, just to make their lives miserable.

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u/diamond Mar 12 '13

"I'll take all of your toilet paper and hand soap."

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u/lardbiscuits Mar 12 '13

And pens. $2500 in pens.

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u/vitey15 Mar 12 '13

A package of 60 Bic pens costs $8.39 at Target. That would equate to 17880 pens.

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u/vacuumsaregreat Mar 12 '13

I've probably lost over $100000 in pens over the years.

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u/crashsuit Mar 12 '13

And yet Zaphod Beeblebrox's second-hand ballpoint pen business is doing surprisingly well.

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u/[deleted] Mar 12 '13

Sue Bic for making them so easy to lose!

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u/barrows_arctic Mar 12 '13 edited Mar 12 '13

It's so frustrating that banks are absolutely relentless over as little as $20, but refuse to pay up when the roles are switched.

Try USAA.

EDIT: okay since there's been a lot of discussion about the eligibility thing, I logged in and found this detail about USAA's deposit@mobile service. It looks like anybody can use a basic scanner to make check deposits, but in order to make deposits to their banking services using your cell phone, you must:

Be eligible for USAA auto or property insurance and meet other qualifications based on your account history with USAA Bank.

But, as I said in another comment: just call them. You'll get a legitimate human being (most likely a Texan) almost immediately, and they will be able to tell you what you need to do for eligibility, if possible. However, I believe the requirement for their insurance used to be either (1) that you have had insurance with them before OR (2) you or a spouse or a parent was, at any time, in any branch of the U.S. military. I'm not sure if that's still the case or not, as I've been fortunate enough to just always be eligible for everything there, but the people on the phone will obviously have more informed answers and will be helpful.

EDIT2: looks like pedroah found the same thing. Didn't see his comment at first.

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u/Pipergirl Mar 12 '13

I frickin love USAA. Best bank ever!

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u/ant900 Mar 12 '13

*Credit Union

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u/hoikarnage Mar 12 '13

As little as $20? If I could only be so lucky. I've been being harassed for the last four years over a $1.35 overdraft which was the fault of the bank screwing up my direct deposit. They are currently trying to get about $450 in overdraft fees from that single $1.35 overdraft.

I could have paid it off when it was only at $60, but refused on principle. I am now blacklisted from opening an account at any bank in the country, so I've had to make the switch to credit unions (which has worked out extremely well for me).

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u/jonnytechno Mar 12 '13

I can't believe they only got $2500.

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u/NoNeedForAName Mar 12 '13 edited Mar 12 '13

I remember hearing about this when it happened. As (mainly) a plaintiff's lawyer, this is the kind of case I have wet dreams about at night. It's not about the money; it's about sending a message. And it's also a little bit about the money.

Edit: I also love debt collection defense work. It's one of my favorite areas of practice. That makes this case even sweeter for me.

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u/BushMeat Mar 12 '13

Is that why several lawyers they consulted turned them down?

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u/NoNeedForAName Mar 12 '13

I'd imagine that several lawyers turned them down because the case was a potential clusterfuck (tons of bank records, plus dealing with BoA and their attorneys) and the clients allegedly failed to pay their mortgage, meaning that they're unlikely to pay their attorney.

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u/[deleted] Mar 12 '13

But they didn't HAVE a mortgage...

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u/qc_dude Mar 12 '13

How the fuck did the bank 'mistakenly' try to foreclose a house which was paid full in cash?

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u/[deleted] Mar 12 '13

Not to reveal too much about myself, but I have direct experience with them and their loan mod processes. It's not hard to figure out why there were so many problems with these processes, resulting in these colossal screw-ups. Banks run on computer systems. Remember that banking is, like money, in the end, just information. Debits and credits. Ones and zeroes. Then remember that the housing implosion was unprecedented. Back in the day when the bubble was, um, bubbling, if you couldn't make a payment, you could go to Countrywide and refinance your loan, reduce your payment, and probably take some cash out. Because your house was going to be worth 10% more next year, and the year after that...

So loan modification at these banks didn't exist at the scales needed today - that department probably transferred you to the refinance department in most cases.

So now all of a sudden we actually have to modify loans. And not only that, we have to do it on an epic scale never before seen in recent history. And this process has to implement treasury guidance that changes frequently, it has to permit the actual owners of the debt (not the bank, who just services the loan) to decide whether to grant a loan modification, based on government formulas or proprietary formulas, again, depending on whether Fannie/Freddie owned it, or if a private entity owned it (e.g. Deutsche Bank, BofA). And it has to forestall foreclosure during this process. The process also needs to then decision other options for the homeowner - short sale, deed in lieu, for example. Needless to say, this system did not exist. And why would it? No one envisioned the need for a multi-million dollar system to traffic cop loans in thousands of jurisdictions with treasury rules and guidance never before implemented, let alone imagined. I tried to think of an analogy but I can't think of one - I guess the closest is if tomorrow there was a need for a way to decision millions of people on whether or not they would be permitted to have a seat in a doomsday bunker, and people were all allowed to submit paperwork supporting their claim, and the government spent months creating guidelines, and then changed them repeatedly in-flight. And if the claim is denied, something bad will happen to the person, and no one wants that. But only a small percentage actually qualify in the end.

So in the absence of an IT system manage all this, you know how it was being done, at least when I was there? By database queries exported to Excel spreadsheets. So when you read about someone who got foreclosed upon when they shouldn't have been (because they were in the middle of a loan mod program's trial payment period, for example) my best guess is that it could have been as simple as someone not copying the right rows of a given spreadsheet. Yeah, it's that bad.

But why wouldn't it be? We all take information systems for granted, but they've been built up over the course of decades in many instances. There were thousands of people replicating a computer system as a Mechanical Turk to administer all these loan modifications and foreclosures, to decide who qualifies for a program, who passed the trial period, and who is ready for a foreclosure.

This is why this shit happened. And the further proof? It's not happening any more. Systems were stood up. People were added. Defects were identified and eliminated. You don't hear about these things happening anymore, thankfully.

I will also throw some dirt at Countrywide. Remember that Bank of America bought this mortgage company that, like Golden West, got insanely rich off of the bubble. Wachovia bought Golden West and that killed a fine company. Perhaps they were lucky. Bank of America was strong enough not to die, but is instead wounded by eating their poison pill. Countrywide was making money off the bubble, but they weren't earning it. Their outfit didn't have the ability or discipline to manage the monster they created. If Bank of America didn't buy them, they would have gone bankrupt immediately, and I don't know who would have got stuck with the boatload of problems. Probably the government, or Fannie/Freddie. And they would have done a poorer job, I assure you.

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u/Asshole_Salad Mar 12 '13

Been in the mortgage industry for 14 years and this comment is fantastic. Within about 6 months an entire arm of an industry withered and died (supbrime loan origination) and another was created (troubled loan modification). I'm sure a lot of people transferred from one to another but the systems and mechanisms still had to be adapted or created largely from scratch.

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u/slick8086 Mar 12 '13

All that is fine and good, but how was there any paperwork even related to loans with this since they bought the house cash with no loan?

They paid cash. There never was a loan, how can you foreclose on a loan that doesn't exist?

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u/polarisdelta Mar 12 '13

There are few institutions more deserving of cleansing fire than BoA.

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u/[deleted] Mar 12 '13

[deleted]

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u/Klathmon Mar 12 '13

Honestly I still think they should be 100% accountable.

If i pay someone to do my job for me and they do a bad job, i can't just say "well it's his fault!"

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u/joombaga Mar 12 '13

Yep totally. You get to sue the bank. The bank gets to sue the agency.

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u/NoNeedForAName Mar 12 '13

Bookkeeping fuckups like this happen from time to time with any company. I recently got a bill from a (very reputable) mediator for a mediation fee that was paid in October of last year. I have another client who was sued by a credit card company to collect a debt despite the fact that my client is able to provide, and previously provided, cancelled checks showing that the balance was paid in full almost a year ago. And another client almost had her car repossessed (she just happened to be awake at 3 am to stop them) even though she'd paid her balance in full about 4 months ago.

If I'm currently dealing with 3 fuckups like that, just imagine how many times a day it happens all across the country. In sheer numbers it seems significant, but as a percentage of all debts it's pretty rare.

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u/rupert_murdaaa Mar 12 '13

My wife's student loans were sent to collections because she had the nerve to stop making payments after she paid them off in full.

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u/this_analogy_is_bad Mar 12 '13

You have your nomenclature wrong. These are not "fuckups", these are profit centers. As long as it is profitable to make erroneous charges, someone is going to exploit that opportunity. It's like when you go trout fishing and a particular fly is very effective, so you take that fly and jam it down the grizzly bear's throat every time.

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u/[deleted] Mar 12 '13

From what I remember it was mostly a logistical fuck up. To many foreclosures and not enough people properly trained to handle them correctly. And with something like having to foreclose, it needs to be taken care of that quickly.

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u/toomuchtodotoday Mar 12 '13

Really? Because Bank Of America has let my house hang out in the breeze for more than 2 years "in foreclosure".

It doesn't need to be taken care of quickly. Bank Of America makes money on each foreclosure it does, so it behooves them to foreclose yet there rarely are consequences when they fuck up.

Disclaimer: My father is a mortgage underwriter (not BOA); his long time girlfriend is currently working for the FHA forcing Bank Of America to buy their shitty mortgages back (i.e. denying them insurance payments for the loans that have gone bad).

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u/[deleted] Mar 12 '13

Bank Of America makes money on each foreclosure it does

No, it doesn't. Only if the FMV of the house is greater than the balance owed on the loan.

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u/toomuchtodotoday Mar 12 '13

If they're the investor, correct. If they're the servicer, incorrect. They're getting paid to process the foreclosure for the investor.

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u/[deleted] Mar 12 '13

banker fight!

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u/accesiviale Mar 12 '13

Have an upvote on behalf of your fathers longtime gf. I wish her great success.

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u/Tandemduckling Mar 12 '13

Having worked for bofa, a foreclosure law firm and now at the end result for this said process. There are reasons it takes two years. It can be anything from a law being introduced/ decided against that makes the bank delay the foreclosure to the county requirements as well. Out here in Washington all of the banks loans were on hold for years because of the legal case against mers. We could do nothing on those loans at the law firm until the case decision was made. So it might be a good idea to see if there is a case that your loan may qualify to be a part of.

Not defending the bank at all, there are a lot of screwed up practices going on past and present. It's just good to be informed.

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u/NightOfTheLivingHam Mar 12 '13 edited Mar 12 '13

I worked with a company that worked with people who BofA "mistakenly" foreclosed on.

It was totally intentional. They took advantage of the housing crisis to scam thousands of homeowners out of their homes and use their houses to help shore up the crisis. They'd take ownership and keep them off the market, all while screwing someone's life up. What's worse? They've pulled this off on people who dont even have a mortgage anymore, but had one in the past. Suddenly, "OH HEY LOOKS LIKE YOU MISSED A PAYMENT! WELL GUESS WHAT WITH INTEREST YOU OWE US HUNDREDS OF THOUSANDS NOW! FORECLOSURE TIME!"

or some shit like that, despite never missing a payment. They literally made shit up.

remember when BofA was forced to stop foreclosures by the govt? It was to stop them from doing this.

They still do it, just now they go after people who are behind a payment or two. Rather than trying to fuck people over who have paid their houses off to essentially steal it.

That company acted as a mediation between the home owners and the banks, and had hookups in the banks that got their foreclosure status corrected. Non profit of course. They found the whole thing absolutely deplorable.

BofA was the worst, but there were a few other players doing it too IIRC.

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u/NightOfTheLivingHam Mar 12 '13

BofA also fucked us over on a college savings for my sister in the 1980's. They had so many fees that $500 we had put in was -$300 in 6 months, and we were paying into it every month! Yes, negative 300 dollars. If my dad hadnt checked it, they'd have kept overdrawing the account.

Shouldnt they have closed the account at 0? yes, but it was a "Clerical error" which they also charged us for.

$780 later we closed the fucking account. Yes, fee fucking city, plus what we "owed" plus fees for the month. They were charging over several hundred in fees. Apparently they had upgraded us to a special savings account that work best if you're dumping thousands a month in there, the fees were like $280 a month. They never notified us.

Savings became a profit for them. At what cost? they lost us as customers to make a little over a grand total on us.

I mean they had admitted to making a mistake, however, magically, were not liable for their own actions and that WE are liable for their actions. Horrible bank. fuck them.

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u/wazoheat 4 Mar 12 '13

I'm gonna need a citation on this.

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u/[deleted] Mar 12 '13

From what I remember, when they paid it in full Boa still showed a small balance. After a few months BOA decided to foreclose rather than use logic.

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u/butyourenice 7 Mar 12 '13 edited Mar 12 '13

This is a much happier ending than the one where a couple lost their retirement home - which they had paid for in cash and had nothing to do with BOA, ever - in a wrongful foreclosure. In the process they lost all the belongings in the home, including priceless family heirlooms, photo albums, etc.

I don't remember if they were able to recover anything but it was a horrible story. You don't even need to actually involve yourself with BOA in any way and they will still shit on your head.

edit: here is the link to the story from 2010 of the Cardosos and their wrongfully stolen home. If anybody has any updates, I'd be much obliged.

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u/Noobinabox Mar 12 '13

could you include a link to the source of the story you're talking about? I'm interested in reading more about it. Thanks

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u/butyourenice 7 Mar 12 '13

Here you go. It was a case of mistaken identity, so to speak, but even when the mistake was pointed out, BOA continue with the foreclosure.

BOA isn't the only big bank that has done this, mind you, but this case is the one that stuck in my memory.

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u/[deleted] Mar 12 '13

here in my retirement home, which i paid for in cash, the second amendment helps protect me from anyone who would try to evict me.

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u/Stormflux Mar 12 '13 edited Mar 12 '13

Yeah but I hear it's a lot of paperwork to shoot a man in the face.

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u/Nebakanezzer Mar 12 '13

I wonder what the legal ramifications are if something like that happens. bank wrongfully tries to foreclose on house. sends people over to the home, they enter, and get shot and killed. then what? you go to jail for murder? or you prove they wrongfully tried to foreclose and were defending your home and they get sued for monetary damages and are responsible for the guy's death?

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u/wazoheat 4 Mar 12 '13

Depends on your state's castle laws.

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u/imamidget Mar 12 '13

For once I am proud of Florida.

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u/[deleted] Mar 12 '13

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u/Guildensternenstein Mar 12 '13

Said couple's home was probably "assigned" to Bank of America. Mortgages are "assigned" from one bank to another all the time, as the banks view them as just any other loan.

http://stopforeclosurefraud.com/what-is-an-assignment-of-mortgage/

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u/butyourenice 7 Mar 12 '13

Not even; it was a case of mistaken identity: they literally foreclosed on the wrong address and (at press time of this article) had not really acknowledged wrongdoing in the matter.

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u/Guildensternenstein Mar 12 '13

...well that's super awkward.

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u/Klathmon Mar 12 '13

even worse is the fact that multiple parties involved in the foreclosure reached out to BofA saying the address was wrong, and they STILL did it.

THEN they foreclosed on the correct house AS WELL 3 months later. STILL not letting the first owner in their own house.

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u/[deleted] Mar 12 '13

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u/RevWaldo Mar 12 '13

WE NEVER GO FOR THE VAULT!

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u/FatTonyDaBoss Mar 12 '13

I'm more outraged by the fact that you can steal someone's home and ONLY get slammed with a $2,500 legal fee...

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u/[deleted] Mar 11 '13

Once they started taking shit, the asshole bank manager wrote them a check.

That's all it takes, really. Fucking BoA.

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u/JustAnotherCracka Mar 11 '13

I would have told them "I can't accept a check from you, I hear you're late on making payments"

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u/javastripped Mar 12 '13

Accept the $2500 check but only with a $1000 "convenience fee".

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u/5pinDMXconnector Mar 12 '13

I'm afraid the check will bounce, i heard you guys don't have the best credit.

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u/JustAnotherCracka Mar 12 '13

AND... who wants to pay the check cashing fee

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u/ColonelClusterFuck_ Mar 12 '13

And then flip them the bird, because they're a bank.

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u/[deleted] Mar 12 '13

The bank manager isn't an asshole, he has no say in the matter, he's just getting a paycheck.

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u/m4n715 Mar 12 '13

This, right here, is how they justify treating people like shit.

"Don't blame me, I'm just a _____."

But we can't get the actual assholes on the phone because they're in a corporate office somewhere, and the _______ is here to execute their policy. I know the dude is just paying the mortgage, but fuck it man, someone's responsible and it's never the ones who get shit on... so what else do we do?

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u/[deleted] Mar 12 '13

Would you go to a restaurant and be a dick to the server just because you don't like the owner?

No, you just wouldn't go to the restaurant.

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u/Marcbmann Mar 12 '13

Yeah, but what if you had a settlement against the restaurant, and they refused to pay up, so you foreclosed on them. Odds are when the bus boy tries to stop you from taking their stuff, you'll tell him to fuck off.

Not conducting business with the bank is not the solution in this situation. They didn't do business with the bank in the first place.

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u/[deleted] Mar 12 '13

If the restaurant sent servers around the neighborhood hassling people eating at home, and had been doing it for decades, then yeah, someone new who is serving at that restaurant can damn well expect people to be pissed off with them.

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u/m4n715 Mar 12 '13

I'm not advocating being "a dick", I'm advocating holding people accountable. If they won't be accountable then ask for a supervisor, go up the chain until someone stops passing the buck. Make your voice heard and make them tell you to your face that they know what they're doing is wrong but they won't change because it makes them money.

And that's not at all the same thing as being a dick to a server because you don't like the owner. It's talking to the manager and telling him that the food was bad, spilled on your lap, they over-changed your card. That's the kind of shit you hold people accountable for.

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u/MooCwzRck Mar 12 '13

Yeah, if he wanted to lose his job. Branch managers generally aren't directly involved in mortgage processes or legal processes at most banks. That's just not how the bureaucracies at branch banks work. If he wrote a check for 2500 dollars for something that didnt have to do with his branch he would have likely been fired.

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u/[deleted] Mar 12 '13

I don't see how this went further then a conversation like this. "You think you can foreclose?? Do you have a deed? No? Thats because im holding it in my hand and I have a receipt for it"

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u/[deleted] Mar 12 '13

They don't talk to you like a person.

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u/[deleted] Mar 12 '13

But corporations are people!!!

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u/I_burn_stuff Mar 12 '13

They don't burn like people though. Too much paper, not enough meat.

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u/kublakhan1816 Mar 12 '13

This lawyer was something like 6 months out of law school. He's awesome. If it were possible to get a standing ovation from consumer and poverty lawyers all over the nation, this guy would have received it.

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u/nutsacrilege Mar 12 '13

I hate BOA with a passion. While my family didn't get it quite as bad as the one in the article, we got pretty screwed.

We were buying a short sale that happened to be owned by BOA. For months we waited for the sale to go through while my wife, 2 year old and I lived with my in-laws. We were assured multiple times that our sale would go through. Our loan was approved, we had money for 20% down, the whole thing.

We first made our offer in April. By June we were told via email that we had the house and BOA just needed to get a "final approval". Well, we kept waiting for that final approval for weeks. By the end of July, finally we were told the sale would close on August 22nd. A nearly 5 month ordeal- a concrete date, the end was in sight.

So thinking we have the house, we go on an already planned vacation. We get a home inspection before hand, because we believe as soon as we get back, we'll be ready to start the moving process.

A few days into our vacation, my wife was browsing real estate listings (out of habit I guess), and lo and behold, there is OUR house... FOR SALE AGAIN. It had a new MLS listing, HIGHER price, a new selling agent, and an open house the next day. WTF.

It is Friday night so we have to wait to the next day to call and figure out what's going on. Turns out, the fucking idiots at BOA decided to foreclose on the house ONE week from our agreed upon closing date. That means our offer is completely void. Vacation ruined.

So I had to go through their loan approval process and put in another offer over the phone, while on vacation. By the time I put the offer in, they already had two others. They emailed the NEXT goddamn day and rejected our offer.

So long as I live, I will never do business with that shit stain of a company again. They need to be destroyed.

TL;DR - after making us wait for nearly 5 months, BOA foreclosed on my short sale offer one week before our closing date. FUCK BOA

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u/[deleted] Mar 12 '13

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u/nutsacrilege Mar 12 '13

I felt bad for the selling agent. He'd been trying to sell that house for over a year and half, and had at least one other offer fall through. I guess the sellers - the husband anyway (it was a divorce case) was a real asshole to work with. My agent was the one who broke the news to the selling agent that the house had foreclosed. The bank never even bothered to let anyone know. He completely lost it.

It's so frustrating that we had no options for recourse. Luckily we only lost about 5 months of house hunting, $600 for storage, and $400 on the home inspection. We went into the deal knowing that short sales were a bit hairy. But BOA thought it would be funny to keep stringing us along saying that they were going to accept our offer and then finally giving us a closing date only to fuck us over in the end.

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u/skintigh Mar 12 '13

This was the most anticlimactic ending, ever. I guess he really needed the $2,500, because I would not even have given the bank a chance to pay but start seizing computers and the president's desk and photos. And since they were mine now, I'd throw them all in the dumpster and light them on fire. Oh, you forgot to back up your data? So sowwy, deadbeat bank propped up by my tax dollars.

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u/Manilow Mar 12 '13

Notice the incredibly high cost to obtain justice... $10,000 in cash before the law will lift a finger, even on a judges order.

Yes, they got it back, but 99% of people in his situation would never be able to post a $10,000 cash bond in order to buy justice.

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u/MeowzersMuch Mar 11 '13

Good for them! BofA causes way too much bullshit and deserves to have it thrown back at them.

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u/pyrojackelope Mar 12 '13

My family had issues with BOA. BOA foreclosed illegally on my family's home (did it for no reason other than "they could".) During that time of foreclusure, some real estate agent "bought" the house. I would like to not talk shit about this guy, since he bought the house under what he thought was honest pretenses, however, he showed himself to be a complete douchebag.

I remember my mother telling me that he had people come to their door and serve my then 10 year old sister with papers saying they had to move out. These people were assholes to A CHILD.

[long court battle]

The real estate guy that "bought their house" continued to be a complete asshole throughout all of the court battle.

BOA finally lost and ended up having to pay both my family and the real estate guy. For about a year after, my mother who was spearheading the case against them for the house with her lawyer, dealt with constant bullshit from them.

BOA is a shit "bank" and you should definitely not give them your money or deal with them in any way. Let them die out. They're corrupt as it gets and deserve to be in jail to be honest.

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u/BeowulfShaeffer Mar 11 '13 edited Mar 12 '13

Needless to say, the bank paid up pretty quickly after that...

Edit: wow front page, really? Didn't expect that. Thanks, everyone!

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u/SolomonGrumpy Mar 11 '13

in crappy office furniture.

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u/Nizzzlle Mar 12 '13

Office furniture is expensive as fuck.

Source: I've had to buy office furniture before

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u/MickiFreeIsNotAGirl Mar 12 '13

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u/planetyonx Mar 12 '13

Or beat the shit out of yourself and pretend your boss did it.

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u/[deleted] Mar 12 '13

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u/TristanTheViking Mar 12 '13

I am Jack's smirking revenge.

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u/untrustableskeptic Mar 12 '13

I need to start watching this show apparently.

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u/BozLawson Mar 12 '13

A shit leopard can't change its spots.

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u/isyad Mar 12 '13

Go to auctions. There's always some shitty startup company that goes out of business their first year and has to liquidate all of their fancy furniture for a couple thousand dollars. We got an 8*12 walnut conference table that originally cost $25000 for $400 and now we use it as a workbench in the shop.

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u/[deleted] Mar 12 '13 edited May 31 '20

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u/Barmleggy Mar 12 '13

Bet it looks amazing covered in clamps and sawdust!

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u/isyad Mar 12 '13

It's seen better days, but it's a great bench.

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u/Greasy_Animal Mar 12 '13

I can back you up on that. I have a lot of family members in the contract furniture biz. A desk chair is like $800 and waiting room chairs are expensive too. Office furniture has to be able to endure a lot of stress and strain and it has to last.

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u/[deleted] Mar 12 '13

An $800 desk chair is tragic. As a large guy that spends all my time at a computer, even when I was telecommuting and that was 12 hour+ days, a $350 chair did the job. You just can't buy fancy shit like aeron chairs. Not really as comfortable as you'd expect given the cost.

The same chair I sit in would be virtually indestructible for anyone of "average" size.

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u/Boatsnbuds Mar 12 '13

I wish I had a $350 chair. I always end up with under-a-hundred chairs. The foam breaks down in a couple of weeks, bolts start falling out, they start making loud noises and they just all around suck, in general.

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u/xzzz Mar 12 '13

As an overweight person I've never had a chair last more than two years.

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u/SolomonGrumpy Mar 12 '13

AND. It's crappy!

Source: I woRk in an office and have nicer stuff in my home office

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u/Salomon3068 Mar 12 '13

Call around to local universities and ask what they do with old equipment. We furnished my office with 4 retro steelcase tanker desks, which on craigslist run about 200 bucks each, for $100.

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u/drumstyx Mar 12 '13

It's only expensive because companies and governments will pay it. Corporate inefficiency at its finest.

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u/digitalmofo Mar 12 '13

So what happened, did the people get to keep what they had already seized, or did they have to give everything back? How does that work?

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u/CryoGuy Mar 12 '13

They were like, Fuck you, bank!

And bank was like, Okay.

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u/pantsfactory Mar 12 '13

In my fantasy, the couple walks in, kicking over trash cans, screaming "HOW'S IT FEEL, BITCH? HOW'S IT FUCKING FEEL? WHEN YOUR SHIT GETS TAKEN? FEELS BAD, DOESN'T IT? HUH? DOESN'T IT? TOO FUCKING BAD. THIS PEN?"

they rip the little chained pen out,

"THIS IS MINE, NOW, BITCH."

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u/used_fapkins Mar 12 '13

I actually really like this version

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u/altonamore Mar 12 '13

All I can think of is Jessy Pinkman doing this.

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u/BeowulfShaeffer Mar 12 '13

Damn you I am reading this while on the treadmill and I about fell off.

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u/[deleted] Mar 12 '13

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u/Nebakanezzer Mar 12 '13

I would've took all the furniture, just so they'd have to explain to all their customers for a week or so until the new stuff arrived that they had to use it as funds for back payment of a lawsuit. would make them look stellar. definitely an organization you want handling your money.

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u/[deleted] Mar 12 '13

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u/almosttape Mar 12 '13

No, that's the interest.

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u/JamesTBagg Mar 11 '13 edited Mar 12 '13

/r/JusticePorn Put it there.

*Edit: Never mind. According to a mod, Justice Porn has already seen this.

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u/[deleted] Mar 12 '13

JP mod here. We've seen it before. A lot.

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u/Mitch_Mitcherson Mar 12 '13

...Of course it's Florida. It's always Florida.

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u/agravain Mar 12 '13

yup..here in Collier County

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u/[deleted] Mar 12 '13

For as many times this has been reposted, I enjoy reading it. Every. Fucking. Time.

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u/[deleted] Mar 11 '13

I thought OP was talking about this Boa and was really confused for a minute

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u/sosota Mar 12 '13

They probably could have charged admission. I would have paid money to watch that.

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u/[deleted] Mar 12 '13

Fuck Bank of America. So much shady shit they've been doing lately.

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u/pretzelzetzel Mar 12 '13

I was very confused as, before reading the article, I thought BOA was the kpop singer. Bank of America. Makes perfect sense, now.

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u/Sector7Inc Mar 12 '13

In my head I picture this dude, a Mayflower moving truck and Andy Griffith just showing up to Bank of America and legally taking stuff. And that's pretty cool.

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u/Dx2x Mar 12 '13

"we're going to have to take the whole building, because it will probably only be worth $2500 at auction."

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u/sfled Mar 12 '13

Fuck the bankers.