Another Foreclosure Misidentification Screw-Up Results In Pair "Cleaning Out" Wrong Home; DA Declines Prosecution - Says It's A Civil Matter

In Statesville, North Carolina, the Statesville Record & Landmark:

• A case in which two men took items from a house and encouraged neighbors to do the same is the result of a mistaken address. That's what Statesville Police Chief Tom Anderson said happened at the home of Gene and Linda Medlin [...] in August. Two men came to the Medlin's home, which is not their primary residence, and told neighbors that they were with the IRS and were seizing the house. The two men told neighbors they were going to take some of the items, and the neighbors could have the rest. During the next several hours, on a Sunday afternoon, neighbors cleaned out the house.

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• Anderson said during the subsequent investigation it was learned that the two actually said they were working for a bank that was seizing the house. [...] Investigators questioned the man and found he was working for Citizens South Bank in Monroe and was hired to clean out a house in foreclosure. The only problem was, the house was at 532 Davis St., not East Front Street, Anderson said.

• The man said he relied on his GPS unit, which indicated he was at the right address on both Aug. 2 and Oct. 17, and did not look at the street signs. Anderson said investigators spoke with the bank, and learned the two men were hired contractors, and the custom was to seize whatever was of value and to put anything else out to be picked up as garbage. That's the reason the two invited neighbors to take what was left. Anderson said most of Medlin's stolen property — including a John Deere lawn mower and trailer — were recovered. Some items, including a handgun, some restaurant chafing dishes, a weed trimmer and chain saw — are still missing.

• Anderson said the case was reviewed by the district attorney's office and the decision was made not to press charges. He said the man lacked criminal intent and therefore the case is a civil matter. Any action on the case will have to be taken by the Medlins in civil court.(1)

For the story, see Wrong address: Home seizure case solved.

(1) In a 2008 story, the Nevada Supreme Court approved a damages award of over $1 million (including a punitive damages award of $968,000 - reduced from an original award of $2.5 million) to a homeowner couple who were subjected to a similar indignity resulting from a lender/mortgage servicer screw-up involving the misidentification of a home in foreclosure. See Nevada High Court OKs Damage Award To Homeowner Due To Mortgage Company Misidentification Of Home In Foreclosure.

For the Nevada Supreme Court ruling, see Countrywide Home Loans v. Thitchener, 192 P.3d 243; 2008 Nev. LEXIS 79; 124 Nev. Adv. Rep. 64 (September 11, 2008). ForeclosureLockOuts