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Foreclosure Reversal Case in Tampa

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    Foreclosure Reversal Case in Tampa

    I watched a news story yesterday about a couple in Tampa who bought a foreclosed home from Bank of America and owned their home for two years. BTW, this news story is available online as I watched it twice. They spent thousands renovating home and now previous owner is claiming BofA never served them and suing for foreclosure reversal. In January they go to court to determine what will happen to the home. I purchased a BofA foreclosure property and the owners were not served. BofA used a guardian ad litem instead. I tried to find owner info using Hillsborough County Property Appraisers & Clerk of the Court website to see what had transpired to no avail. Does anyone have any information or know under what circumstances this could happen?

    #2
    un REAL!!!! this it the first i have actually seen something "written" about it. i have heard about it.

    also something sounds odd, because if someone vacated their house prior to the actual service, the bank still have the right to foreclose by filing a certain type of motion...(at least in many states), to over turn the service process due to not being able to locate the party. that may not be the case in florida...although now i live here i'm not certain.....hope someone else can chime in with a bit more detail in that respect.


    this is really a scary situation.....

    you know what i don't understand usually at a closing there is a title search and that search must be clear...(like deed transfers etc....).....really scary??????? so how or why woud someone purchase a home with a clear title???
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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      #3
      I will bet this case, at least for Florida, will be precedent setting. Matt Weidner and other FC defense attys say to expect more of these cases. Interesting to watch.

      Comment


        #4
        This is really interesting , a foreclosure property being sold and the previous owner comes back to haunt the new owners about foreclosure notice not being served to them and want the reversal. Though I am sure bank must be having the requisite documents to get the case against them refuted.
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          #5
          Originally posted by goodyphilips View Post
          This is really interesting , a foreclosure property being sold and the previous owner comes back to haunt the new owners about foreclosure notice not being served to them and want the reversal. Though I am sure bank must be having the requisite documents to get the case against them refuted.
          yes, like who is it that handled a closing with no title search??? again, that's very scary!
          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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            #6
            Originally posted by tobee43 View Post
            yes, like who is it that handled a closing with no title search??? again, that's very scary!
            Yes indeed quite scary, next time we should all doubly check every thing before we finalize a property purchase.
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              #7
              Originally posted by goodyphilips View Post
              Yes indeed quite scary, next time we should all doubly check every thing before we finalize a property purchase.
              it is quite a thought that many people just sign papers at a closing and have no clue what they are signing.

              however, i find it odd that a bank would give a loan....or maybe there was no loan involved here....??? because i certainly cannot for the life of me understand a bank loaning on an unclear title...

              OH!! LOL!!! let me take that back...the banks were giving money to everyone and their mothers and their mothers mothers mothers...LOL!!!
              8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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                #8
                Wow. I feel bad for this fella but I feel "even more bad" for the people who bought the property. BofA seems hellbent on destroying the lives of everyone involved. I hope they get nailed... in my version of justice, BofA will be required to buy the guy a big, new, shiny, multimillion dollar home so that the people who bought the original house aren't forced to suffer for BofA's mistakes. And then the BofA execs would be required to run nekkid through a paintball course every day for... uh... forever. They have that kind of justice, don't they? A peep can daydream, can't she?

                For anyone interested, here's where I found the story:
                Business news in the Tampa Bay area and Florida, including, real estate, technology and consumer news, from the Tampa Bay Times.
                OK - from now on it's not a "Bankruptcy." It's a "Weight Loss Program." I'm in. Sign me up.

                Comment


                  #9
                  Originally posted by tobee43 View Post
                  it is quite a thought that many people just sign papers at a closing and have no clue what they are signing.

                  however, i find it odd that a bank would give a loan....or maybe there was no loan involved here....??? because i certainly cannot for the life of me understand a bank loaning on an unclear title...

                  OH!! LOL!!! let me take that back...the banks were giving money to everyone and their mothers and their mothers mothers mothers...LOL!!!
                  Yes quite correct, once i was interacting with a brittish and asked whether the real estate scene is as bad in UK as it is in USA. to which he said that your banks give loan to any body and every body, some thing which is avoided in UK, so UK does not have that much of a crisis.
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                    #10
                    Originally posted by goodyphilips View Post
                    Yes quite correct, once i was interacting with a brittish and asked whether the real estate scene is as bad in UK as it is in USA. to which he said that your banks give loan to any body and every body, some thing which is avoided in UK, so UK does not have that much of a crisis.
                    yes they most certainly did...however, at this point i think we all know the banks are now choking people!! so at first they hand it to you and then shake the life out of you....unreal.
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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                      #11
                      This is why a buyer needs their lawyer at closing... Either Title Insurance or the entity that certified title should be financially liable, but a home is a personal thing ad just money doesn't make up for the distress involved.
                      Chapter 7 Filed 8/11/2009, Discharged 11/23/2009

                      Comment


                        #12
                        Originally posted by tobee43 View Post
                        yes they most certainly did...however, at this point i think we all know the banks are now choking people!! so at first they hand it to you and then shake the life out of you....unreal.
                        Couldn't agree with you more. I think at these times our grand parent's advise of spending with in our means holds so much true.
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                          #13
                          Originally posted by goodyphilips View Post
                          Couldn't agree with you more. I think at these times our grand parent's advise of spending with in our means holds so much true.
                          i so agree.........i just wish a gallon of gas didn't cost $3.15 and the hourly wage wasn't $8....

                          i also thought in our grandparents day prices were more "balanced" with the actual cost of living....shoot...remember leave it to beaver...mrs cleaver got to stay home with a nice doo an apron....and a yummy dinner served at promptly 5 pm...LOL!!! ahhhhhhh yes, those were the days...OH...and mr cleaver didn't work 4 jobs to put that food on the table....
                          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                          Comment


                            #14
                            Originally posted by tobee43 View Post
                            i so agree.........i just wish a gallon of gas didn't cost $3.15 and the hourly wage wasn't $8....

                            i also thought in our grandparents day prices were more "balanced" with the actual cost of living....shoot...remember leave it to beaver...mrs cleaver got to stay home with a nice doo an apron....and a yummy dinner served at promptly 5 pm...LOL!!! ahhhhhhh yes, those were the days...OH...and mr cleaver didn't work 4 jobs to put that food on the table....
                            Ah so very true LOL!
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                              #15
                              I have heard of a few cases like this, but instead of getting the house back, there was a monetary settlement involved.

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