We’g blogged a lot on the abysmal state of the big banks’ paperwork when it comes to mortgages and foreclosures. (See for example, Massachusetts Refuses to Give Clear Title in Foreclosures). And there have been numerous news stories about banks trying to foreclose upon folks that are not in default on their loans.
Apparently, it gets worse. Recently, Bank of America tried to foreclosure on a Florida couple who paid cash for their house. Not only did the couple not owe any money to the bank, they never even had a mortgage in the first place!
That Bank of America somehow got this couple into the foreclosure process is depressing (normally, I would say shocking, but quite frankly, with all the news coverage over the past year about mistaken foreclosures, I’m not really shocked anymore).
How can we have any faith that the banks are getting it right when they are foreclosing on people without a mortgage? The answer is: We can’t. And that’s the attitude that judges should have when viewing homeowner’s challenges to foreclosures. Although the majority of foreclosures may be justified, it’s important not to assume that a foreclosure is OK, just because the bank says it is.