Court Awards Florida Man Title To Home Lost In BofA Screw-Up; Foreclosure Sale Took Place Despite Homeowner Not Having A Mortgage
- In the second South Florida foreclosure reversal this week, a Broward County court "vacated" the sale of a Fort Lauderdale man's home that had been sold out from under him, even though he bought the house with cash and never had a mortgage. The court order, made at the request of Bank of America, reversed the foreclosure sale of Jason Grodensky's house.
- Grodensky was the subject of a Sun Sentinel article about wrongful foreclosures last month [see Lauderdale man's home sold out from under him in foreclosure mistake]. He and his father bought the house for cash and didn't owe money to Bank of America, but the lender had continued to pursue a foreclosure case that began with the previous owner. In July, Grodensky learned that his house had been sold in a foreclosure auction.
- The news comes one day after Bank of America disclosed that the court had also vacated the foreclosure sale of a Miramar homeowner's property — even though the homeowner had secured a mortgage
modification.(1)
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- Grodensky says he's not planning to go back to court to file a lawsuit against the lender to seek compensation for his four-month ordeal. "I hadn't planned on it," he said. "I'm not out to get anybody. I just want to get it fixed
."(2) Grodensky bought the house for cash in December 2009 in a short sale. The seller was in foreclosure. Grodensky said he had no idea that the foreclosure process did not stop at that point.
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- Grodensky filed a claim with his title insurance company and was working with that firm to try to resolve the issue. He hasn't yet been notified by the title insurer or Bank of America that the sale was vacated on Monday. "I'm happy it's over, but I am not holding my breath about it," he said. "I'm waiting to see if I actually get contacted."
For more, see Home returned to Fort Lauderdale man who lost property in foreclosure mistake (Wrongful foreclosure case the second in South Florida this week).
Go here for links to other reported Bank of America foreclosure screw-ups.
(1) See:
- Miramar man gets home back after nearly losing it to foreclosure (Foreclosure sale reversed),
- Those with loan modifications still lose to foreclosure.
(2) Earlier media reports reveal that at least one Massachusetts law firm is apparently going around the country taking on these illegal foreclosure & lockout cases on behalf of screwed-over homeowners. 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),
- 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.),
- 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.).
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 (September 11, 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)).
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