Welcome to The Home Equity Theft Reporter, a blog dedicated to informing the consumer public and the legal profession about Home Equity Theft issues. This blog will consist of information describing the various forms of Home Equity Theft and links to news reports & other informational sources from throughout the country about the victims of Home Equity Theft and what government authorities and others are doing about it.
Thursday, June 23, 2016
Tampa Lawsuit Accuses Four Banksters Of Bullying Elderly Homeowner To Death; Family Claims Repeated Debt Collection Robocalls To Cellphone Seeking Money That Wasn't Owed Began Health Spiral That Led Senior Citizen To Drop Dead Of Heart Attack During Foreclosure Hearing
In Tampa, Florida, ABC Action News reports:
At 67, Kimberly Collelo's father Frank Collelo showed little sign of slowing down. Collelo and her sister Amanda say their dad's golden years turned dark after he applied for a mortgage modification.
Relatives say he faxed the bank the requested documents over and over again without response.
The family and their attorney, Billy Howard with the Consumer Protection Firm, claim Frank never missed a house payment until he applied for the modification.
According to a lawsuit, Bank of America, M & T Bank and two other loan servicers robo dialed Collelo’s cellphone up to eight times a day everyday between 2014 and 2015 attempting to collect money he did not owe.
The calls took a toll, according to his daughters, who say he would become short of breath and upset when the phone rang. In 2014, Frank Collelo left his home in Valrico and gave it back to the bank. Still the calls continued.
On March 3, 2015, Collelo dropped dead of a heart attack. He died inside a court room in the middle of his foreclosure hearing.
Their lawsuit accuses the defendants of violating both the federal and Florida robo calling laws. But this case filed in Tampa federal court is unprecedented. It blames the banks for robo bullying Frank Collelo to death.
Stetson Law Professor Dr. Thomas Kaye says while it's possible to convince a jury robo calls played a role in the death, the legal challenge remains.
"We have a statute in Florida that deals with robo calling, and it provides a financial payment to be made for each wrongful call but it doesn't say anything if someone dies as a result," Kaye said.
For the Collelo sisters the case isn't about setting a precedent. It is about fighting for a father who can no longer defend himself.
We reached out by phone and email to all four defendants. Bank of America, M & T Bank and Caliber Home Loans refused to comment on pending litigation. Lakeview Loan Servicing has yet to respond.
CBC News: Betrayal of Trust (A CBC investigation reveals how lawyers across Canada have misappropriated and mishandled clients money, to the tune of tens of millions of dollars, or sometimes even charging vulnerable people top dollar for shoddy services)
Land Contract/Contract For Deed/Rent-To-Own Rackets
The New York Times: The Housing Trap (In the wake of the housing crisis, low-income families have turned to seller financing to buy homes but these deals can be a money trap)
Beware The Fine Print: Consumers Forced To Sign Away Their Rights To Use Court System
The NY Times: Arbitration Everywhere, Stacking the Deck of Justice(Part 1 in series examining how clauses buried in tens of millions of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court)
Foreclosure Mills' Abysmal Record In Complying With New NYS Foreclosure Requirements
Justice Deceived: How Large Foreclosure Firms Subvert State Regulations Protecting Homeowners
MFY Legal Services Report On Questionable Practices By Process Servers In Debt Collection Cases
Justice Disserved: A Preliminary Analysis of the Exceptionally
Low Appearance Rate by Defendants in Lawsuits Filed in the Civil Court of the City of New York
Mortgage Mess Redux: Robo-Signers Return (A Reuters investigation finds that many banks are still employing the controversial foreclosure practices that sparked a major outcry last year)
CNN Video: As Foreclosures Mount, Florida Court Turns To 'Rocket Docket'
The Wall Street Journal: A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases (2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge)
"Produce The Note" Strategy When Dealing With Missing Promissory Notes In Foreclosure Actions
ABC Video: Fighting Against Foreclosure (Some homeowners have found a new tactic to keep the banks at bay)
<< Home