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FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 05:32 PM
Original message
Coldwell Bank listed my house for sale - and my loan is current
I am away working out of state right now and my wife phones me in a panic this morning as a work crew showed up with a Debrie Box to clean up the property and have it ready for sale. Turns out we live on 6th AVENUE and the house of the same street number on 6th STREET has been foreclosed by the bank. She ran our address on google and sure enough there was a picture of our house on the MLS - listed as foreclosed

But how far up the Electronic Tittle Chain did the mistake go - I had no way of knowing. I called my bank and of course they told me my loan was fine. I actually OVER-PAY my Fixed interest loan every month (in hope of retiring some day). My bank also started an injury too. Don't know what that is - propably some thing like a Tittle Search I'm guessing.

This turning out to be a Big False Alarm as I just got off the phone with a $250 pr hr Real Estate Attorney - but it just proves the DAMAGE being done to Law Abiding - Paying their Bills on Time Americans

He ran a search of the county records forf a lien or foreclosure judgement against the property. Of course it turned up blank.

But who pays for the time I have missed from work today? The $250 fee for the attorney who ran the records search?

I'm told by a Real Estate Agent this is most likely a "Typo" by the listing broker and he will give him a call tomorrow when he is open to have the mistake corrected.

But does that actually "Fix" the mistake

















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Casandia Donating Member (181 posts) Send PM | Profile | Ignore Fri Apr-22-11 05:34 PM
Response to Original message
1. Wow.
Hope everything works out OK
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katanalori Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 05:37 PM
Response to Original message
2. The agent could have run the records search, no?
It is so easy to do - a click of a mouse. Human error, yes - but the bank who is foreclosing on the other property would be the one to "blame," if you decide to do so. THEY are the ones who did the typo.
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bbinacan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 05:41 PM
Response to Reply #2
9. Records searching is not always
as easy as the click of the mouse. Many counties in the US are not online. You have to actually dust off the deed books.
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FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 05:47 PM
Response to Reply #2
14. YES - and "IF" the Bank made the typo is there a "Duplicate Deed"
to the property now ??

That is the BIG question.

The Broker who originally listed the property is closed today so we won't be able to talk to him until tomorrow
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franzia99 Donating Member (479 posts) Send PM | Profile | Ignore Sat Apr-23-11 05:04 PM
Response to Reply #2
62. Yah but that'd take time and money. Shoddy foreclosures were caused by scrimping to the point of
recklessness by the banks. Hiring an adequate number of people would've cut too much into the bonus money for executives.

This is what happens when you don't prosecute criminals. They continue with their shenanigans.
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virgogal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 05:37 PM
Response to Original message
3. Just be glad you weren't away on vacation.
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Liberal_in_LA Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 08:37 PM
Response to Reply #3
78. yep. Would have returned to find stuff out on the lawn
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hlthe2b Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 05:38 PM
Response to Original message
4. Since you are already out for the lawyer...
why not ask him whether you can file suit to recoup your legal fees/losses (and send a very important message)....?
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former9thward Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 05:07 PM
Response to Reply #4
63. That would cost him far, far more than he would get.
Best case is file a small claims suit against the bank or whoever made the initial mistake. You can do that yourself.
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bbinacan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 05:39 PM
Response to Original message
5. I hate you had to go through this
but sometimes, shit happens. That's why we have documents recorded at the courthouse.
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Drale Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 05:39 PM
Response to Original message
6. We lost 6 full grown pine trees because of a stupid mistake by workers.
Edited on Fri Apr-22-11 05:40 PM by Drale
They had a work order from the village to trim the trees, but they just cut them all down. I was so pissed that I got escorted out of the village managers office by security because I was screaming at him.
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rfranklin Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 06:15 PM
Response to Reply #6
18. Was that because the trees were on your property but...
within ten feet of the curb? That's the rule in my town. They can do whatever the hell they want within ten feet of the curb.
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Drale Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 06:19 PM
Response to Reply #18
20. Well its complicated
Technically the land behind our house is owned by Com Ed but the trees where put there to be a buffer between us and a bike path. We had a written agreement with both our town and the power company for the trees. I saw the work order and they where only supposed to trim them, but we fought the bike path and the town manager still does like us for it, so I'm pretty sure he "under the table" told them to just cut them down.
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tkmorris Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 03:42 AM
Response to Reply #20
25. You fought against a bike path? nt
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Drale Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 09:43 AM
Response to Reply #25
26. At the time it was very close to our property line
and we don't have a fence. We really where fighting "against" it I guess but we wanted it moved and in the beginning they where against any interference with their "master plan".
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Boudica the Lyoness Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 03:20 PM
Response to Reply #20
49. We are outspoken Democrats
in this redder than red county. My husband's family homesteaded over 125 years ago. No one else was here then but a few sheep herders and natives on their annual hunting trips. The state was still a territory then. His family gave permission for the rail road to go through our land and the county road. The road through our place was named for a well known geological feature that is there and was called by that name in the phone book and other places. The road was officially known by a Route #. When all the roads in the county were given names to aide 911 response, the Republican County Commissioners, instead of naming the road for what it has been called about 100 years, or even after us like the other roads going through big farms, they named it after the convicted felon down the road a few miles. His family used to be the hired hands here many years ago.

I believe they do find ways to get their revenge if you piss them off.
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former9thward Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 05:10 PM
Response to Reply #20
65. File a small claims suit against the tree trimmer company.
You don't need a lawyer. Damages are the cost of 6 trees.
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Lorien Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 02:30 AM
Response to Reply #6
24. That's horrible. My reaction would have been identical to yours
The apartment owners behind my home decided to cut down the nine century old live oaks and one large and beautiful maple tree that stood between my home and their two story concrete rentals. I couldn't see it at all when I moved in. Now I have a view of a parking lot and a huge blank concrete wall with giant security lights that hit the side of my home. It feels like I'm living on an airport runway. Tree haters are vile creatures.
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Boudica the Lyoness Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 03:01 PM
Response to Reply #24
46. I have found tree haters
hate the leaves, bird poop, squirrels or the shade....whatever, and think how simple life would be without the trees there. Once the trees are gone and they are left with an ugly view they soon realize their mistake. I have seen this happen. These people are not only tree haters, but lack the imagination to see what it would look like with the trees gone. They are vile creatures. I love trees and I plant more every year. Lucky for me I have the space to do it here. This year, so far, I have planted 5 plums, 5 Blue Spruce and a willow.
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juajen Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 03:42 PM
Original message
Two ideas for you. I have red tips growing in my backyard.
They are beautiful and are just like small trees. They are listed as shrubs and small trees, so if you want to trim them to a certain height that's fine, but they do grow pretty fast. They bloom in the spring, have beautiful red colored leaves a lot of the time, some all of the time. When the blooming is over, for a while, you have beautiful white snow flakes falling as the flowers dry out. These are tiny and I just leave to sink into the soil. There are some leaves that drop off, but they are evergreen. Google them and you will find sources and info.

The other idea is Chinese Tallow trees, which grow so fast you won't believe it. They are, however, leaf droppers as they are not evergreen. They have beautiful color in the fall, and as I live in So. Louisiana, this is a plus. They also have seed pods and pollen. They are, however, practically free, as they grow everywhere. Find a tree somewhere and look for babies. They should be coming up everywhere. The leaves are sorta heart shaped. This tree will grow so fast that you might be topping it to keep the height where you want it. They are gorgeous trees, but some people hate them. They are nicknamed, "chicken trees" down here.
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FloridaJudy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 05:39 PM
Response to Reply #24
71. Two words:
Plant bamboo.
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Abq_Sarah Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-25-11 12:41 PM
Response to Reply #71
86. Your neighbors won't thank you
For planting it near your property line.
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FBaggins Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 05:40 PM
Response to Original message
7. It probably was the listing agent.
You should have let them fix the place up for sale.

Fresh coat of paint... A little landscaping... THEN letmthem learn their mistake.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 05:41 PM
Response to Original message
8. Wow
Hope you get it all worked out soon.
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Curmudgeoness Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 05:43 PM
Response to Original message
10. Step one, I would have called the cops. Then
I would have got my gun and let them know they had better got off of MY property NOW.

This would be devastating, and I can understand why you moved so quickly on this. I hope it is cleared up immediately and I am so glad that your wife was home to protect the property.
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CreekDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 12:15 PM
Response to Reply #10
29. Oh so you want to be prepared to kill them?
Edited on Sat Apr-23-11 12:15 PM by CreekDog
that's why you are bringing your gun?

sounds like you need help.
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demwing Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 01:41 PM
Response to Reply #29
38. That reading a little too much into the post
don't you think?
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CreekDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 01:48 PM
Response to Reply #38
39. Not at all...is there another purpose to a gun than killing?
oh wait, there isn't.
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Boudica the Lyoness Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 02:55 PM
Response to Reply #39
44. Guns are handy
because sometimes it's the only thing people respect.
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CreekDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 06:31 PM
Response to Reply #44
73. yes, for killing or seeming like you're going to kill
yes, they are handy for killing.
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Kolesar Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 09:18 PM
Response to Reply #44
82. Take out a gun against moving company employees--that's just nasty
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demwing Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 03:38 PM
Response to Reply #39
52. There absolutely IS
Sometimes just the presense of a gun will scare off a trespasser, just as the presense of an Alarm System sticker, or light, etc, will scare off some potential criminals.

Also, if a gun must be fired, it can be used to wound, not kill.

Only in the most extreme circumstances would a gun be used to purposefully kill.

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CreekDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 06:11 PM
Response to Reply #52
72. so maybe you intend to just purposely wound the people who stepped onto your property?
:wtf:

if they die, you didn't mean it. :eyes:

again --help.
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demwing Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 09:02 PM
Response to Reply #72
79. Admit it, we're not having a discussion, are we?
I think I was pretty clear in my last post.

Let's just agree to disagree, ok?
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CreekDog Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-25-11 12:20 PM
Response to Reply #79
83. you keep saying i'm wrong
and you get mad when i keep insisting otherwise --then you tell me the discussion is over.

because i'm not changing my mind to agree with you.

cute.
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Occulus Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-25-11 12:36 PM
Response to Reply #83
84. Pointed question for you:
Is the attempted theft of an entire house, and the probable destruction of everything inside it, worthy of the use of force to prevent said theft? Bear in mind- we're talking about an entire house.
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CreekDog Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-25-11 01:56 PM
Response to Reply #84
93. you can't shoot someone who tries to sell your house
even if they're doing it illegally.

any disagreement with that?

not all criminal actions should be responded to with deadly or the threat of deadly force.
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Curmudgeoness Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 09:06 PM
Response to Reply #29
80. A gun doesn't have to be only for killing. It is a great deterrent
and I would guarantee that these people would back off and leave the property immediately if a gun were in the mix. As a woman, I will tell you that a confrontation to protect my property will include a gun to scare the trespassers off---and we are not talking just "trespassers" as in a kid cutting through the yard. There was a crew with a dumpster being set up to clear the property.

Also, if you noticed, I stated first you call the cops. But I say you put a stop to the action of these people and you stop them immediately.
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neoralme Donating Member (812 posts) Send PM | Profile | Ignore Sat Apr-23-11 12:40 PM
Response to Reply #10
30. I would have done exactly the same thing. And if they had encroached
at night, someone would be in the morgue. Maybe me. But this shit is going too far.
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neoralme Donating Member (812 posts) Send PM | Profile | Ignore Sat Apr-23-11 12:46 PM
Response to Reply #30
32. Dupe
Edited on Sat Apr-23-11 12:47 PM by neoralme
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AllyCat Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 12:54 PM
Response to Reply #30
33. These people are just doing what they are asked. They don't know the details
behind them being there. While what is happening around the country to people losing their homes (rightly or wrongly) is devastating, killing someone sent to do a job they BELIEVE to be legitimate is reprehensible. They have families too. The OP did the right thing taking their issue to the legal system, even if it may cost some money when it all shakes out.
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cui bono Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 02:11 PM
Response to Reply #10
40. Oh great. Threaten innnocent people just doing their job and trying to get by.
The people showing up at your property in this situation merely have a work order, they have not made any decisions or mistakes about this. They are not out to steal anything from you. They did not show up to hurt you or yours. They are not even knowingly trespassing. Way to overreact.

You should really calm the fuck down and get rid of your gun before you kill an innocent person who has children at home who depend on them for their well being.

:eyes:



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neoralme Donating Member (812 posts) Send PM | Profile | Ignore Sat Apr-23-11 04:34 PM
Response to Reply #40
55. Are they not acting as an agent for the bad guy? As the bad
guy's agent they temporarily in the shoes of the bad guy.
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franzia99 Donating Member (479 posts) Send PM | Profile | Ignore Sat Apr-23-11 05:09 PM
Response to Reply #55
64. Best to go after the bad guy, not his pathetic bitch. And I don't mean harming him, but through
Edited on Sat Apr-23-11 05:10 PM by franzia99
proper legal means. Even skirting the issue of the moral culpability of his bitch, the bad guy will just find a new desperate bitch to hire if not that one. So going after the pathetic loser agent, practically speaking, is just a waste of time. The bad guy needs to go to jail.
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cui bono Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 07:45 PM
Response to Reply #55
76. They don't know there is a "bad guy", so no. Definitely not. n/t
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Curmudgeoness Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 09:12 PM
Response to Reply #40
81. It is true that these people are only doing their job.
And no one would get hurt as long as they would just leave, which is what they should do. But if anyone thinks that I will let someone "clear my house" so they can get it ready to sell just because that is their job, they have another thing coming. You suggest that they are not out to steal anything, but if they moved forward with the clearing the property, it really wouldn't matter much if they did not intend to steal everything I own, it would all be gone just the same.

That would not happen in my world. And I will bet that you would not be all calm and mellow if this happened to you.
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CoffeeCat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 05:43 PM
Response to Original message
11. The question is...
...was this a mistake made by the real-estate company, or--as you said--does the mistake go farther up the chain and
involve the bank or county records?

Did the bank erroneously list your house as foreclosed upon--and is that where the initial error was made and it filtered up
to the real-estate company?

OR--did the real-estate company screw up?

I truly think that you need to determine at what point this mistake was made. If it was with the real-estate company, I think
they owe you an apology, and $250 for the attorney fees, at the very least.

Do you have proof of your house being shown as foreclose upon on the MLS listing? You need to print that off.

How scary for you!
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FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 06:16 PM
Response to Reply #11
19. That is why my bank is performing the INQUIERY
Edited on Fri Apr-22-11 06:17 PM by FreakinDJ
to check the Electronic Deed system they have now

So just think what would happen if a bank made the typo and some greedy Chinese Leasing Company buys the duplicate Deed - it would take years possibly decades to sort out if ever

That is why if the other bank made the typo I'll have the attorney place an injunction against any sale

again - who pays the attorney fees @ $250 pr hr
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DirkGently Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 01:12 PM
Response to Reply #19
37. Street address usually does not equal "legal description." But make sure to be VERY CLEAR with

anyone else who shows up to, say, appraise your property, or do a termite inspection, or mow the grass that YOUR property was not subject to a foreclosure action, and is not for sale.
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cui bono Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 02:15 PM
Response to Reply #37
41. True. We have lot/parcel numbers here. One of my lots doesn't even have an address
Edited on Sat Apr-23-11 02:15 PM by cui bono
since it has no structure built on it. It's fenced in along with my house lot.

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madmax Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 05:44 PM
Response to Original message
12. Here's what I did when I cashed a check at the bank
authorized to cash my payroll check. I took the cash to my bank to deposit in my checking account when the teller promptly confiscated a 100.00 bill she claimed was counterfeit. I told her I just got that money from such and such bank. She called the manager over, long story short, I was told tough shit.

Went home ripping mad and out 100.00. I was a single working Mom at the time and could hardly afford 100.00 loss.

Called the local newspaper reporter who wrote human interest stories. I read his column daily and thought he might be interested. He interviewed me on the phone, wrote a story that was published the next day. The very same day it appeard in the paper the bank called and asked if I could come in, they were going to credit my checking account for the 100 counterfeit money.

The reporter quoted me as saying, 'If I had gotten this bill from a gas station or a store I could accept the loss but, I received it from a BANK! Don't they know counterfeit money when they see it or were they trying to pass their loss onto me?'

I would call the Real Estate Office - speak to the owner and the Bank Manager and tell them they need to figure out how to pay your legal fees of 250.00 and your time or you will go to the newspaper. Worked for me but, that was 20 years ago. Time have changed and we're usually screwed. But, might be worth a try, power of the press and all that.

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Motown_Johnny Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 05:44 PM
Response to Original message
13. make an offer..
and bring a camera crew, and a lawyer, to the closing
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AllyCat Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 12:58 PM
Response to Reply #13
35. +1
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katanalori Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 05:49 PM
Response to Original message
15. sorry -
I mis-read your post the first time. I think you should call Coldwell Banker - go all the way to the top if you have to.
Explain agent's mistake and ask for damages equal to lawyer fee and time off work.
Tell them you would hate to have to damage Coldwell's reputation by alerting media.
If I were that agent (and I AM an agent), I would apologize, admit my error, and send you a check.
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tridim Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 06:12 PM
Response to Original message
16. Holy crap. Sue them. I would.
That is really unbelievable.

My condo was recently foreclosed and every legal document I've seen has the unit number wrong. My theory is that they did that on purpose because the servicing bank never legally bought the mortgage in the WaMu deal. It's out of my hands now, not my problem.

I predict whoever buys it from the bank will be in all kinds of legal trouble when they sign their closing documents.
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Kurovski Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 06:13 PM
Response to Original message
17. As autorank says: "they just don't care."
Sorry for the trauma.

K&R.
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MrsBrady Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 06:39 PM
Response to Original message
21. AFTER everything is cleared up
ask this same attorney to send WHOMEVER it was that f'ed up to pay up lost $$ (wages, gas, time, lawyer fees, etc...) to clear up the problem...
or you WILL SUE to recover your lost money.

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nilram Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-22-11 11:43 PM
Response to Original message
22. Small claims court.
They probably won't reimburse you for lost wages, but go for it. Often these big companies don't even show up and they get a default judgement against them. And then there was a guy who took that judgement and filed a lien against one of the bank's buildings...

Good luck with it all.
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KurtNYC Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 04:37 PM
Response to Reply #22
56. +1
worth a shot.
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JanMichael Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 04:43 PM
Response to Reply #22
58. I'll second that. nt.
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Anakin Skywalker Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 01:38 AM
Response to Original message
23. And the CONservatives want us to worship banks?
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Donnachaidh Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 11:13 AM
Response to Original message
27. get the broker's name and file a complaint with the board of realtors
This a-hole should have their license pulled. Seriously.
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loudsue Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 11:27 AM
Response to Original message
28. If it was the realtor's mistake, that real estate company is liable.
Real Estate agents have a legal duty to perform due diligence under all of the state's real estate laws that I have worked in (35 states -- my profession). If they make this kind of mistake, the courts almost always hold them liable for the costs, and the agent would probably have their license suspended. Real Estate commissions (a state agency) are pretty strict.

You very likely have major recourse for this.
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Cleita Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 12:42 PM
Response to Original message
31. Typo by the listing broker.
Pay him a visit and present him with a bill for your expenses and inconvenience. If he isn't willing to settle, advise him a lawsuit for a lot more money will be filed.
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Vinnie From Indy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 12:57 PM
Response to Original message
34. I'd sue everyone even remotely involved
If your facts are correct, there is hardly an attorney alive that would not take this on a contingency basis. You can bet that these large companies will settle with a little prodding.

Cheers!
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DirkGently Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 01:05 PM
Response to Original message
36. If the foreclosure case describes the "other" property correctly, should be fine, although

checking with the broker to make sure he/she is not purporting to sell your property is not a bad idea. The clean title search is a good indication that there is not actually a problem with the title on your property. Sounds more likely a mistake by the broker or the cleaning crew.
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FourScore Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 02:22 PM
Response to Original message
42. Every real estate agent must share a certain percentage of his/her sales income with his/her broker.
The broker validates taking a portion of the agents' income by claiming that they (the broker) carries all legal responsibilities. If an agent makes an error like the one this listing agent made, then the broker is responsible for damages. Find out which office the listing agent works with, then go visit the manager of that office. He/She should be able to assist you in any other inquiries you may have, and should work out a settlement for any damages. They know they were wrong, so you shouldn't have to much problem with this. They know if it goes to court, that it could only get more expensive. Do not contact the listing agent. He/She will just be in his/her own damage-control-mode and will be vested in his/her own self-interest. Contact the office manager.
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matt819 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 02:52 PM
Response to Original message
43. Powerless
I'm not hijacking this thread, but I'd like to make an observation of something I saw happening more than a decade ago - at a Circuit City, of all places.

I was at a Circuit City. I think it was in Virginia, and I can't remember what I was buying, but that doesn't really matter. What I observed at the time was that I received astoundingly poor customer service. The person didn't help, didn't care, and, further, didn't care if I left the store as an unhappy customer. Okay, it has ever been thus with bad retail help and poor customer service. But I remember thinking that I didn't matter not because the minimum wage clerk couldn't be bothered but because I didn't matter to the company - there would be many more where I came from, and my lost purchase would be made up by the next customer, or the next, etc.

Now in the case of Circuit City, that finally bit them in the butt, and they went bankrupt. Good.

But the point I'm making is that "the company" - whatever the company is - just doesn't care. They don't have to care any more. There's more where you came from. And if you don't buy from this McDonald's or that McDonald's, you'll buy from the third McDonald's, and "the company" - McDonald's in this case, will have its profit. What is further annoying - though this is less likely to be the case in the situation with banks - is that for every person who receives crappy service, another is reasonably happy, or not unhappy, so there's not a lot of incentive for the offending company to make any particular effort to please. Or take the case of "the phone company." In most cases, you don't have a choice for landline service. Complain all you like. It doesn't matter, and they don't care. and they don't have to. Who else is going to provide the service? (Sure, cell phone companies, but sometimes you just need landline service, and I think you get my point).

Back to banks - in their case, they really don't have to care. If you go somewhere else to bank, so what? They've already incurred the cost of the labor that both caused and help resolve the problem. They don't care that it cost you a few hundred dollars to avoid a major problem. Your branch manager, to say nothing of anyone higher, is going to know about this or lose any sleep about it. Really, have any of our efforts to fight against the large banks made a bit of difference? As the new book about Goldman Sachs observes, it's Goldman's world - they just let us live in it.

So, yes, it sucks. And I'm glad it was resolved successfully. But this is the state of play, as sad and frightening as it is.
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Quantess Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 03:11 PM
Response to Reply #43
48. Try working customer service some time. It's not fun to get yelled at and the pay is crappy.
Customers take their anger out on YOU.
Please keep that in mind when you unleash your tirade to that person, who is taking shit from you, for dissatisfaction that s/he personally did not cause.
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Fuddnik Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 03:21 PM
Response to Reply #48
50. And our alternative is....?
I never yell at a customer service person. I tell them politely, that you're not the person I want to yell at. Please connect me with someone higher up the food chain, who deserves it. And it's usually not the first or second one up the ladder.
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Quantess Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 03:42 PM
Response to Reply #50
54. Most customers are polite, thank goodness.
You sound like one of the reasonable ones. But until you've done customer service, you won't know what I'm talking about.
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Fuddnik Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 03:01 PM
Response to Original message
45. Keep an eye on them.
I've been going round and round with Wells Fargo for over a month now.

Like you, I have a fixed rate mortgage, and I've made EVERY payment at least two weeks early. I also have a line of credit, which is also current, paid early every month, and more than the payment due.

They started by saying that I didn't have Hazard or Flood insurance current. I faxed them my insurance declarations pages for both policies THREE times. And both policies are for more than their required amount. They went out and bought me forced-placed insurance (from their subsidiary) at enormous cost and charged it directly to my line of credit.

Then I noticed on my accounts online, that ALL of my payment was going to interest, and nothing to principal. I spent two days on the phone with a bunch of obnoxious, arrogant jerks, and accomplished nothing.

After I hung up the last time, I googled "class action suits against wells fargo", just for the hell of it. Up popped a case where Wells was pulling the same shit nationwide. I called the attorney, and joined the class.
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Occulus Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-25-11 12:47 PM
Response to Reply #45
89. At least one poster on this thread thinks you shouldn't get more than a small claim.
And LOOK! He works IN THE INDUSTRY! Funny, huh?
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BobbyBoring Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-25-11 12:53 PM
Response to Reply #45
91. OH GREAT!
I've been dealing with the same shit from them. I have hazard and flood insurance, but they said it was inadequate, so they issued me a policy from one of THEIR insurance cos at a ridiculous rate.

Thanks for posting this. I'm joining the class too!
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 03:08 PM
Response to Original message
47. You should make a claim, initially 'informal,' against whomever turns out to have 'erred,'
and report it to his/her supervisors. The claim need not be for much, the atty fee + a bit for 'pain and suffering,' as aggravation and lost time at work, but something, to let them know their errors result in REAL harm.

SORRY, and glad it was worked out.
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truedelphi Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 03:31 PM
Response to Original message
51. So sorry and angry this happened to you.
Not only do I feel bad that you have to be on the road to bring in income, but think how much worse this might have been if your wife had been away also!!

I hope you actually take these nitwits to court. The fear and dismay your wife experienced shuld get you some satisfaction - ask for tens of thousands of bucks.

When these Corporate Executives break a finger nail they find someone to suffer some liability on thier finger nail's account.

And now it's their turn. They need to be stopped from their rampage.

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BlueIris Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 03:41 PM
Response to Original message
53. Awful. nt
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Drew Richards Donating Member (507 posts) Send PM | Profile | Ignore Sat Apr-23-11 04:42 PM
Response to Original message
57. CHECK CREDIT REPORT NOW!!!

If you are not aware when they institute foreclosure proceedings they also report to all three credit agencies...if they gave them your address the agencies do NOT bother to verify the information if even one thing (Name to address) checks out that is good enough for them.

You could potentially get your credit and financially screwed!

OR you can go the hard route and demand THEY pay for credit reports from all agencies to verify your credit...THIS IS YOUR RIGHT...take advantage of it.
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Occulus Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-25-11 12:37 PM
Response to Reply #57
85. I'll second that advice.
The OP should check his credit report immediately.
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jerseyjack Donating Member (369 posts) Send PM | Profile | Ignore Sat Apr-23-11 04:43 PM
Response to Original message
59. Freik, you just won the lottery ---
Unwarranted emotional stress to yourself and wife, loss of reputation in the community, should be worth about 50K with a good lawyer. Call your county bar association and ask for a referral
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former9thward Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 05:12 PM
Response to Reply #59
66. As someone in the field no way.
A small claims suit would be all he could do. No credible lawyer would sue for the reasons you mentioned. It would go nowhere.
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Vinnie From Indy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 05:27 PM
Response to Reply #66
69. Nonsense!
There is no law that says this should be handled in small claims court. A good lawyer might easily be able to lay damages in excess of small claims court jusidiction. There are also many other avenues that a lawyer might take to get recompense. I will offer that shopping this around to a few lawyers would be a good idea. One will certainly take it on contingency and then probably settle. I would!
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former9thward Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 07:30 PM
Response to Reply #69
74. If you get a lawyer to take this on a contingency it will because
he/she did not do very well in his Torts class. But good luck!
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Occulus Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-25-11 12:42 PM
Response to Reply #66
87. The more you post on this thread, the more it seems you don't WANT the OP to have a case.
Funny how I'm getting that impression from someone who is part of the overall problem part of the industry.
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Taverner Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 04:54 PM
Response to Original message
60. My Takeaway: Never buy a home on a numbered street
Or a street with a common name.

Yes, that means my next home will be on Zygodactyl Blvd
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franzia99 Donating Member (479 posts) Send PM | Profile | Ignore Sat Apr-23-11 05:13 PM
Response to Reply #60
67. Lol, sad how we have to plan for bank incompetence these days.
Sure glad the banking criminals weren't prosecuted!
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Sonoman Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 07:33 PM
Response to Reply #60
75. That very issue causes me all kinds of trouble.
In my town, there is an East **** St and an East **** Rd, both with matching lot numbers.

Lotta problems.

Sonoman
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franzia99 Donating Member (479 posts) Send PM | Profile | Ignore Sat Apr-23-11 05:02 PM
Response to Original message
61. Contact the news with this.
People should know how ordinary folks who have done nothing wrong are being affected by this. I bet you there'll be interest by news organizations. Reports like these may prompt reform. Good luck, and I'm sorry you had to be bothered with this.
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Rockholm Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 05:23 PM
Response to Original message
68. Do you mean Coldwell Banker? Your story seems odd.
Not sure where you are, but most real estate companies contract out the sign installation.
This all sounds a bit strange to me. The agent who signed the listing up would know which house they signed up, so the picture of your house going into MLS doesn't seem possible, unless that agent hired a photographer and that photographer went to the wrong house. Again, they would be directed by the agent.
In our town, we have an Atlantic Road, Atlantic Street and Atlantic Avenue. Elm Street and Elm Avenue. The only time I see them switched around is if one happens to show up in the police notes.
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kirby Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 05:32 PM
Response to Original message
70. The broker should reimburse you...They have insurance for mistakes...
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blaze Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-23-11 07:47 PM
Response to Original message
77. Two more payments.... two more payments...
Holding my breath that no BS crosses my path in the next two months.....
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Occulus Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-25-11 12:44 PM
Response to Reply #77
88. You still won't be safe
Banks have foreclosed on properties that are free and clear. Save all your paperwork, make copies, hold the originals in another bank's safe deposit box, etc.

Once you have had a mortgage, apparently, the bank can fuck you years down the road, even after you're all paid off.
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Fire1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-25-11 12:49 PM
Response to Original message
90. The good ole U.S. of A., where the stupid shit never ends. n/t
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Broderick Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-25-11 01:30 PM
Response to Original message
92. This is horrible.
Not only can it be embarrassing, but without some proactive steps your house could be sold from underneath you. This should ought be a suable offense by the bank and the companies involved. Just the embarrassment of neighbors seeing your home listed as a foreclosure in the MLS is reason enough. I would be absolutely LIVID.
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