Mistakes do happen. But for one Florida man Bank Of America foreclosed on his house, even though he didn’t have a mortgage. The homeowner bought and paid cash last December for hos home in Fort Lauderdale, Florida. Needless to say he was surprised when his home was sold right under his feet, by Bank of America who foreclosed on the property. The homeowner was unaware of the foreclosure until July when his home was transferred to a government backed lender.
In a recent article it also stated that:
Grodensky’s story and other tales of foreclosure mistakes started popping up recently across South Florida. This week, GMAC Mortgage, one of the nation’s largest mortgage servicers and a major mortgage lender, told real estate agents to stop evicting residents and suspend sales of properties that had been taken from homeowners in foreclosure. The company said it might have to “correct” some of its foreclosures, but was not halting those in process.
In Florida courts, which have been swamped with foreclosure cases for several years, mistakes “happen all the time,” said foreclosure defense attorney Matt Weidner in St. Petersburg. “It’s just not getting reported.”
And the legal efforts required to resolve a foreclosure mistake are complicated. “Unwrapping it is like unwrapping Fort Knox,” said Carol Asbury, a Fort Lauderdale foreclosure attorney. “It’s very difficult.”
The process is under increasing scrutiny, as Florida’s court system struggles with the mountain of cases that have resulted from the housing crisis.
Grodensky said he spent months trying to figure out what happened but said his questions to Bank of America and to the law firm Florida Default Law Group that handled the foreclosure have not been answered. Florida Default Law Group could not be reached for comment, despite several attempts by phone and e-mail. Grodensky said he has filed a claim with his title insurance company, but that, too, has not resulted in any action.
It wasn’t until last week, when Grodensky brought his problem to the attention of the Sun Sentinel, that it began to be resolved.
“It looks like it was a mistake in communication between us and the attorneys handling the foreclosure,” said Bauwens.
This is really unbelievable. I would just be a little upset if this happened to me. Out home is paid for and no bank is going to take it away unless they pry it from my dying hands. I wonder if the home owner will hire a different attorney to sue the attorney who made the mistake? That would be justice in action.