Served eviction papers today.

[PlayboyPenguin]

I came home today to find a patrol car parked in front of my house and a private vehicle in my driveway. I then noticed an LEO and a man in a suit walking in my side yard. I immediately started to worry that something had happened to a friend or family member.

I got out and asked them what was the problem and I found out that I was being served an eviction notice to vacate our home due to repossession.

I told them we were actually paid ahead on our mortgage and could not possibly be in foreclosure. I also told them that the bank on the papers did not even hold our mortgage. The LEO was very polite but the guy in the suit was a complete jerk.

The officer handed me the papers and I immediately noticed that the address was correct but the name was not. I informed the officer this was not anyone that lived in our home. He asked me to see ID and I showed it to him. I even offered to walk him to the mailbox and show him that no mail to that name would be in there. I even offered to show him our mortgage information and show him online that we were paid in advance. He said he did not need me to do that.

The guy in the suit kept insisting I be served the papers anyway even though my name was not on them. The officer explained to him that is not how it works. He said that notice could be posted on the door but he could not serve me papers not written to me.

I went in and called our bank and they said they will deal with it. I also called our attorney and he said he has seen at least five cases of this happening in the past few months. It is usually a zip code error on the banks part.

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[tlfreek]

wow - sounds like you handled yourself well. quite a disturbing thing - sounds like a glitch somewhere.

 

[BroncoFan]

You best correspond with the Bank and use registered mail. Don't trust they "will take care of it." Did you ID the guy in the suit?

 

[PlayboyPenguin]

You best correspond with the Bank and use registered mail. Don't trust they "will take care of it." Did you ID the guy in the suit?

He gave me a business card when I first walked up to him.

 

[oasis618]

I read something about this on MSN a while back. This is how little time mortgage companies spend verifying information before taking action. In some cases they are forclosing on houses that are owned outright with no mortgage owed at all! Unfortunately it ends up costing the homeowner thousands in legal fees just to straighten it out. Clicky linky.

<broken link removed>

 

[NuthinFancy]

I would start with filing an immediate complaint online with the WA Attorney General's Office (assuming your home is in Washington). The AG will make queries on your behalf and may be able to quickly nip this in the bud.

I would also meticulously document each and every contact (phone, in person, email, snail mail, dates, times, durations, summaries of the discussions, leave nothing out) you have with your mortgage bank and with the bank that claims they own your house. This is both for your protection and for a possible future cause of action against the bank (the one in error) if things get nasty.

 

[clearconscience]

There was just some cases similar to this where the house was to be demolished and one where a guy came home from Christmas vacation to find his home was no longer there.
How do you even begin to deal with that? You going to have the banks, city, and construction companies pointing fingers and find yourself in years of legal battles while your homeless.
Several others because of wrong addresses, or one in the south from a faulty gps unit.

<broken link removed>

 

[orygun]

Man! that had to be unsettling, to say the least. Glad the cop had his head on straight.

 

[Burt Gummer]

The banksters are not only greedy, but they are also incompetent. Take this very seriously and correspond only in writing (certified mail, Fedex w/ signature or email w/ receipt confirmation.) There are many people disputing this type of behavior and find they are blocked by ZERO help or cooperation from the banks. You may be greeted by nothing but auto attendants and no satisfaction. There is nothing lower on the morality scale than these bankers. They get money at 1% off a digital printing press and charge people 21% on their credit cards; bribe politicians into hundred of billions of free cash while they loot the treasury. Give them no respect and let them have it.

 

[clearconscience]

A friend of mine owns a remodeling business with his dad and one day he was working across the street on a neighbors house and they saw a police car pull up to their house, fearing the worst they went over the the cops placed his dad in handcuffs. They said they had a warrant for his arrest. They knew there must be a mistake and after talking to the police they got them to wait a minute and my friend knew the police chief and called him up and gave the phone to the cops, he vouched for him and they let him go. After looking at the arrest warrant he figured the guy they were looking for had the same name and general description so they plugged in some info and his dad's name and info came up.

You just never know how they come up with this stuff.

 

[Sun195]

Lawyer-up.

 

[RVTECH]

they said they will deal with it.

Assuming you know who 'they' are I would give him/her one day and then call 'they' back and see if he/she dealt with it. If not stay diplomatic and determine who is the highest ranking person of the lending institution who actually holds the paper and ask to speak to this person and do not take no for an answer, agree to speak to anyone else or agree to any other smokescreen. Have pad and pen in hand and document everything. As long as you document names, times and dates and highlight the important points you will probably have this resolved very quickly. I have a lot of experience handling problems of this nature (daily) especially he said/she said issues where no records were kept and I have to gather information and negotiate a solution with a manufacturer to satisfy an RV owner.

 

[GUNNY]

you should have kicked that guy in the suit square in the balls
it's like they get plesure outa kicking a family out on the street

 

[chris61182]

Oh man did you ever handle that well. I'm not sure I would have had anything near that amount of composure!

 

[Swedish K]

Similar thing happened to my brother - he had bought a house that had been a foreclosure. While I was visiting he had an eviction notice nailed to his door. It turned out that there was another bank that had a second on the house that delayed their foreclosure posting. It took months to get it all sorted out. Not sure how the title company missed the second that hadn't been taken care of. I guess when they can't go after the last owner because he is in prison for dealing dope they try to get creative in their loss recovery methods. Oh - they refused to pay for the damage to the solid oak door that they nailed the notice into.

Hope your situation gets cleaned up with no expense and little trouble on your part.

 

[Trlsmn]

Lawyer-up.

My first thoughts exactly!

With all the mortgage company banking scamming going on you could very well be in a bind even though you are 100% paid up.

 

[PlayboyPenguin]

My first thoughts exactly!

With all the mortgage company banking scamming going on you could very well be in a bind even though you are 100% paid up.

I gave all the info to our attorney today. He said he should at least have some info by tomorrow.

 

[jgeist]

Got get them Playboy... Give no slack to these blood suckers...

 

[PinkhamR]

Damn, sure glad my house has been paid off since 1996 - and the Title Registered with the County Clerk ...

 

[PlayboyPenguin]

I think I may have made a breakthrough in my own case. I got to thinking about a post I read on another forum recently about a website that contains personal information on people. I decided to look up the name that was on the eviction papers. Turns out someone with the exact same name lives at a street address the same as ours. The only big difference? They are in Georgia. I also noted that not only is the street address the same as ours, but their zip code is very similar too. In fact it is the same as ours with the third and fourth numbers reversed. Looks like our attorney might have been right.

Gee, I feel like a real life Nancy Drew right now.