Legal

No criminal charges pending

Anywhere.

Posted to Legal on Tue Sep 11, 2012 at 02:14:22 PM EST (promoted from Diaries by port1080). RSS.

A family arrived at their second home to discover Wells Fargo had foreclosed on it complete with the removal of all their possessions which were reportedly destroyed.

The problem?  There was no mortgage on the house.  Alvin Tjosaas had built it with his dad as a teenager decades ago.  The contractors were supposed to go to a different house "ten acres away" but they mistakenly burglarized the Tjosaas's residence instead.  Twice.

Wells Fargo has offered a $260,000 settlement, but the Tjosaases haven't decided yet whether to accept it.  I hope the end result is like this but with a lot more money.

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1

Re: No criminal charges pending

Anywhere.

Tue Sep 11, 2012 at 08:04:11 AM EST

none

I'm also curious as to what about repossessing a home requires smashing windows and breaking doors, plural.  Shouldn't you only need to force one means of entrance and then be able to open anything else from the inside?

2

Re: No criminal charges pending

indecentspeech.

Tue Sep 11, 2012 at 08:15:11 AM EST

none

I loved the story from FL, especially the attorney with the massive balls being like "I'm walking out of here with something!"

Why don't these stories get more serious though? It would be interesting if one of the repo guys got his face blown off by a 'stand your ground' type of situation by the owner.

3

^ 2

Re: No criminal charges pending

port1080.

Tue Sep 11, 2012 at 03:39:12 PM EST

none

Why don't these stories get more serious though? It would be interesting if one of the repo guys got his face blown off by a 'stand your ground' type of situation by the owner.

The guys they hire to do this stuff don't do it if the homeowner is around - it's standard operating procedure, if the homeowner is there, you just turn around and leave.  You can always come back later, but you can't come back later if you get shot.  If it becomes a real serious issue (i.e. homeowner barricades himself and you can never get there when he's not around), then you get the local sheriff to go in and chase him out.  The problems happen in houses like this, where the homeowner isn't around because it's a second home, or he's on vacation, something like that.

Allons-y!

4

Re: No criminal charges pending

port1080.

Tue Sep 11, 2012 at 03:43:45 PM EST

5.00 (brilliant, interesting)

I think this is a great example of a case where "eye-for-an-eye" justice would be awesome.  The Tjosaases should be allowed to go to Well's Fargo's headquarters, smash all the windows, pile all the contents in the street and burn baby burn.

Allons-y!

5

Re: No criminal charges pending

rickb928.

Tue Sep 11, 2012 at 04:40:26 PM EST

none

So I watch this unfolding over the past few years:

  • Banks show up in court with incomplete documentation, or sometimes none at all.

  • Homeowners trying to refinance are told the banks can't find their paperwork. Sometimes more than once.

  • In this case, I can't help but wonder if Wells had all the paperwork.

  • California's forclosure system seems broken beyond belief:  http://aequitasaudit.com/images/aequitas_sf_report.pdf

I wish these people luck.  They would seem to have a case for punitive damages to go along with actual damages.

6

Re: No criminal charges pending

pO157.

Tue Sep 11, 2012 at 06:11:57 PM EST

none

Two things would stop this shit pretty directly:

  1. The asshole contractors get arrested by the cops and thrown in The Joint for burglary. None of this "Civil matter" bullshit. If the bankers in the back office could have prevented it then they can take a ride downtown as well.

  2. A couple of these repo goons get blown away by a righteous homeowner acting in compliance with the castle doctrine laws of his state.

Either way same difference. You're welcome.

America! I could teach you, but I'd have to charge.

8

^ 6

Re: No criminal charges pending

HidingFromGoro.

Tue Sep 11, 2012 at 10:48:47 PM EST

none

Well the only problem with all of that is it outsources all the consequences to contractors at the bottom of the food chain.  To be effective (and market-based), consequences should include the top of the chain having a lot of skin in the game, that way their rational self-interest will get them motivated to clean up their practices across the board.

I got more styles than prison got bricks- ain't that some shit?

7

DUH

Shy Elf.

Tue Sep 11, 2012 at 08:18:31 PM EST

5.00 (informative, informative)

The case law is very clear.  Corporations are not required to follow the law because nobody has standing to sue them.  See AT&T Mobility v. Concepcion, 2011.

9

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Re: DUH

Anywhere.

Wed Sep 12, 2012 at 07:35:06 AM EST

5.00 (atypical)

If I'm understanding that Wiki article correctly, the Concepcions were found to have no standing to sue because they had signed a contract agreeing to arbitration in the event of disputes.  That wouldn't apply here.

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