Is Bank of America Developing A Pattern of Wrongful Evictions?

by Dual Income No Kids on March 12, 2010 · 5 comments

Good Morning Folks,

I was surfing through Yahoo this morning when this video jumped out at me. Evidently, Bank of America has been developing a nasty habit of foreclosing on people accidentally. For example, a few weeks ago in Florida, the bank accidentally seized the home of Charlie and Maria Cardozo. BofA went into the Cardozo’s home, took the furniture, changed the locks and kicked the couples tenant out. The kicker is, the couple owned the home outright – they didn’t have a mortgage with BofA. The whole thing was due to a mix up on the legal paperwork.

The only thing is, BofA’s actions against the Cardozos is not an isolated incident. Other bloggers have noted what appears to be a troubling pattern of behavior by BofA. The major culprit seems to be the fact that the bank is large and bureaucratic so its internal communications don’t appear to be working well. Consumer affairs has the story here and American Consumer News has covered it also. Finally, the has covered BofA’s efforts to reduce the amount of damages they are required to pay in another wrongful eviction lawsuit. So this has happening periodically over the past couple of years.

Now, while its sometimes premature to draw patterns from a couple of news stories. The only explanation that would make sense to explain BofA’s behavior is incompetence. In this day and age, with adequate regulatory controls, it seems far fetched that a bank would make a formal policy of wrongful eviction. Instead, the source of the problem is likely what these new stories have alluded to – which is that the banks foreclosure processes is flawed.

Now, as a final thought I’ll just say this: for investors this is a red flag. To the extent that the problems with the foreclosure processes are reflected in other aspects of the bank’s internal management, a pattern of improper foreclosures will, in some form or another, ultimately be reflected in BofA’s financial bottom line.



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{ 5 comments… read them below or add one }

1 Keith Morris March 15, 2010 at 10:14 am

Yet another reason to dump Bank of America.

2 Anonymous March 15, 2010 at 7:19 pm

We are a couple in beutiful Colorado. Unfortunantly Bank of America wrongfully foreclosed on our house last month. The funny thing is we have never been late more less missed a payment. We have been trying to correct it for over a year and filed a lawsuit about 3 months ago. Over the last month BoA has made offers to settle but we wont until our credit is fixed. Things got worst last Friday when I found orders to evacuate on door. A judge had signed an injunction last month to keep BoA from proceeding but it was ignored and they sold our house back to BoA Feb 17th. The judge is not happy and supposedly they have stopped it. We will see. BoA says they will have another offer for us soon. Are they out of their minds, our credit has not even been fixed!

3 Dual Income No Kids March 16, 2010 at 12:19 am

@ Anon – my heart goes out to you guys. I hope you'll find some resolution to this problem soon.



4 Schuyler Elliott January 22, 2012 at 4:43 pm

I have a pending lawsuit against Bank of America for wrongful eviction and need help from other people wjo have been wrongfully evicted by BOA. Please contact me to discuss.

Call at 770-209-7999 and ask for Schuyler Elliott.


5 DKDoss January 26, 2013 at 8:50 am

I would like to speak with you…I have been dealing with mess since 2008, and it seems to be emerging it’s ugly head again.
When it’s eviction, it’s an unlawful detainer and BOA has no right to do so while being involved in this current class action lawsuit.

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