Rick Borchers and his wife, Barbara sold their property and made their full mortgage payment eight years earlier. But suddenly, after so many years, Bank of America has filed a foreclosure case on this same home. Eight years earlier, this bank was not their lender and the original lender was a different agency. When the agent from this bank came to their home with the foreclosure notice, the Brochers family considered it a simple mistake.
Barbara said, “Everyone I tell says, ‘That's impossible, it's a scam, somebody is pulling your leg. ’” Unfortunately, this foreclosure lawsuit was not just a simple mistake for the family. The couple appointed a company for the sale of their home in 2003, and this present problem started there.
According to some housing experts, this foreclosure lawsuit clearly reveals how innocent common people suffer due to the current complex foreclosure process.
Public records and the current lawsuit show that the hired agency made a typographical mistake on the legal deed during the time of sale of the Brochers property. The company misprinted the property as “Bloomingdale Section H” which was supposed to be “Bloomingdale Section R. ”
Legal documents show the description of a different property in the same neighborhood and this serious mistake remained unnoticed for three sales of this property, and was filed that way four times in the public records.
The last owner of this property is lagging behind on mortgage payments and is at the brink of foreclosure. But as this mistake has been identified, the current lender Bank of America cannot foreclose the property as the property is listed wrongly in the mortgage papers. So, the transaction will remain pending until the problem is solved and the bank has included all the buyers including the first owner (the Brochers) in its lawsuit.
However, Bank of America’s spokesperson, Jumana Bauwens declined to comment on this case until she has gone through the details of this case. She stated, “We will research the situation, but at this time we can't comment on this situation. ”
Barbara went to meet a legal representative for the bank who recommended that she appoint a personal lawyer for this case. She said that the bank representative even told her that the organization did not claim any amount from her but needed her cooperation to solve the problem. At this, she became very angry and said, “The court should stand up for the little guy in this. We didn't make that mistake. I didn't type these papers. ”
Karen Anne, has been working on ForeclosureWarehouse.com studying the foreclosures market, helping buyers on the finer points of foreclosures for sale . Try to visit ForeclosureWarehouse.com and search foreclosed homes .