In Charlotte, North Carolina,
WSOC-TV Channel 9 reports:
- Frank Cole was shocked to get a call from his wife in tears Thursday. She explained that sheriff's deputies were at their rented home in west Charlotte and were forcing them to get out.
"The sheriff was giving her five minutes to pack some things and leave and apparently, we've been evicted," Cole said. "They left all kinds of embarrassing kinds of papers all over the door and windows and stuff."
Since the homeowner, Allison Brown, had paid cash for the home several years ago, this seemed impossible to both her and the Cole family.
The Cole family had been receiving letters about foreclosure proceedings threatening eviction, but they were addressed to Arthur and Kim Felder, the previous homeowners, who lost the home to foreclosure years ago. The Cole family did what most would in the incident in receiving wrongly addressed mail and sent the letters back.
Channel 9 obtained the eviction order and it has the Felders' names on it and not the Cole family. Brown, an Asheville resident, bought the home after the bank foreclosed on it.
Similar to the Cole family, Brown is upset about this unexpected eviction and the manner in which it was handled.
"So get this, I am not allowed on property. They threatened my property manager to get off. My tenants are in a motel, and I can't seem to get any answers," Brown said.
Several calls were made to the Hunover Law firm, who Eyewitness News was told ordered the eviction, but no contact was made. Cole said he has called them too, and wants answers and his family back in his home.
Until then, going back to their home is out of the question.
"Because it is a court order, it still stands and until that order is rescinded, we cannot go into the house or we risk being arrested," Cole said.(1)
Source:
Family says they were erroneously evicted from home.
(1) 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 (Nev. 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, 27 Misc.3d 684, 897 N.Y.S.2d 610 (Sup. Ct., Suffolk County, 2010); reversed on procedural grounds Wells Fargo v. Tyson, 82 A.D.3d 757, 917 N.Y.S.2d 914 (App. Div. 2d Dept. 2011).
For examples of filed lawsuits involving illegal bank break-in, "trash-out" lockout cases, 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),
- 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.),
- 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.),
- In a Sign of Foreclosure Flaws, Suits Claim Break-Ins by Banks (involving a California homeowner) (for a copy of the resulting federal lawsuit, see Ash v. Bank of America),
- Former Lake Villa couple sues Bank of America over ‘illegal’ lockout (involving a Chicago, Illinois-area homeowner) (for a copy of the resulting federal lawsuit, see McKee v. Bank of America).
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