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Saturday, February 13, 2010
Courts - Another "Kafkaesque" case involving a homeowner and a large bank
"Appeals court sides with Greenfield homeowner" was the heading to this Feb. 9th ILB entry about the case of Elliott v. JP Morgan Chase Bank, a Feb. 3rd decision by the Court of Appeals where, to quote from the opinion:
Chase's records show that the mortgage was paid in full in 2001. Chase, therefore, executed and recorded a satisfaction of mortgage. Notwithstanding the satisfaction of mortgage, Chase's loan servicer—Ocwen Bank—continued to prosecute this action in Chase's name, attempting to force the Elliotts out of their home even though there has never been a trial and the lending bank has declared that the mortgage was paid in full.A case reported yesterday by Tony Marrero of the Tampa Bay Times is similarly bizarre -- the headline is "Bank of America forecloses on house that couple had paid cash for." The story begins:
SPRING HILL — Charlie and Maria Cardoso are among the millions of Americans who have experienced the misery and embarrassment that come with home foreclosure.Just one problem: The Massachusetts couple paid for their future retirement home in Spring Hill with cash in 2005, five years before agents for Bank of America seized the house, removed belongings and changed the locks on the doors, according to a lawsuit the couple have filed in federal court.
Posted by Marcia Oddi on February 13, 2010 03:55 PM
Posted to Courts in general