Friend evicted from home because lender put wrong address on evection.

[Anonymous]

let a pd screw the pooch on a seach warrant and see how many million dollar lawsuits fly, and get paid quickly. there is no excuse for this.

the 4th ammendment doesn't have an oops clause, no excuse i tell you.

i say your friend should jump on them with both feet. if they took the time to stalk your friend then they should have double checked the addy at least at some point.

as for the not too often remark, well enough lawsuits and that would correct that attitude.

i would sue and charge everyone involved. it took a day and a half to get these idiots to correct a clerical error? no excuse, i'm livid for your friend.

[Anonymous]

They placed a big EVICTED sign on his door for all the neighbors and any visitors to see, when he paid his bills and wasn't evicted.

Sure that would fall somewhere under something. Defamation of character?

If in the same situation, I wouldn't sue. I would contact the media considering the comment about it not happening "often". Had the comment been "this has never happened, that would be a bit different.

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ilovepizza wrote:
What do you think it's worth...? He's not going to do anything but just wondering. I figure breaking and entering, no court order, invasion, ect.. But that's all criminal where's the lawsuit?

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[marty56]

Just like what happend in the movie Sand and Fog.

[haulingthescoreup]

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@Anonymous wrote:

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@Anonymous wrote:
What do you think it's worth...? He's not going to do anything but just wondering. I figure breaking and entering, no court order, invasion, ect.. But that's all criminal where's the lawsuit?

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They placed a big EVICTED sign on his door for all the neighbors and any visitors to see, when he paid his bills and wasn't evicted.

Sure that would fall somewhere under something. Defamation of character?

If in the same situation, I wouldn't sue. I would contact the media considering the comment about it not happening "often". Had the comment been "this has never happened, that would be a bit different.

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Agree about the media! Name the lender, name everyone else involved.

There's a lot to be said for public shaming for those who deserve it. Your friend didn't deserve the shaming of the "EVICTED" sign, but the others certainly do.

[Anonymous]

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@Anonymous wrote:

let a pd screw the pooch on a seach warrant and see how many million dollar lawsuits fly, and get paid quickly. there is no excuse for this.

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In this case, it wasn't the police's fault. They were simply going by information provided by the lender.

Also, bear in mind that if ANYONE was to catch this, besides the lender, it should have been the COURT system. The lender had to follow a legal process before actually foreclosing. FTR, a JUDGE was supposed to review the documentation INCLUDING payment history (since the lender has to PROVE that a foreclosure is legally a warranted remedy). And that JUDGE should have caught that, even if the lender fudged up.

The police were simply assuming that everyone else prior had done their job: lender AND court system.

Pizza: I hope your friend thinks about what judge he votes for next election!!! o_O

But the only people your friend can sue is the lender. Everyone else in the equation is protected as long as the damage was intentional and with malicious intent.

Bottom line: the police and judge who ordered the F/C have immunity.

[Anonymous]

Also remember guys, that the police, once given an Order such as foreclosure, eviction, repossession of property, they HAVE to do it.

I know a lot of cops who now drink to excess simply because they HATE their jobs because of the foreclosure nightmare. They don't do it because they LIKE it.

They may not have the stress of having to find another place to live, losing their stuff, their $$ ... but they DO have to WATCH it. And they don't like seeing someone lose their home and their security any more than we do.

[Anonymous]

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@Anonymous wrote:

I would contact the media considering the comment about it not happening "often".

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Actually that would have been a great move. We didn't think of it. Calling local news to come to the property and film the Evicted sign on the door. That would have been a fantastic story as well as how the company had no idea they did it and denied it. What a national story that would have been. Any time, any where, any body can kick you out of your home with out a warrant and say oops. He can still go to the media, but not as powerful story as with the locks changed and the sign on the door. I will suggest that he contacts the media anyway. Just to make people aware that this is going on.

[Anonymous]

Definitely the friend should contact a lawyer. There's plenty of grounds for a lawsuit: emotional distress, defamation of character, economic loss, invasion of privacy, etc.

Odds are the case would never go to trial. The company would offer an out-of-court settlement of, oh, probably around $10,000 or so, and your friend would take it (presumably).

[LouMinotti]

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@marty56 wrote:

Just like what happend in the movie Sand and Fog.

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Ahh..."House of Sand and Fog". . .that was a GREAT movie...I'm going to have to look that up on ebay, def. worth owning.

[Anonymous]

The move was good, but the book was better.