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Not for naught, that this mistake happened, but this is a great example of people who "assume" all is okay and just sit back and do nothing. Time is of the essence when any foreclosure has already taken place. The fact is, the foreclosure already happened and yet this poor gentleman sat around... "assuming" all was okay after talking to people. He should had been in court the next day with papers.
Now, I do hope he gets a good settlement from Bank of America once the facts are straightened out and it is determined that there was a clerical error. Unfortunately I am missing way too many pieces of information to make any further comment on whether this was "excusable" error or just pure indifference (negligence). I mean, the address was wrong on the foreclosure docs and I am guessing that those numbers didn't match the Deed. Pure idiocy... on all sides.
For example, if it was an actual foreclosure, how did it proceed through the (County) Circuit Court with the wrong address??? Someone please explain. I know there are cases where this happens (not that often), but where is the judicial oversight?
Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10) Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
FYI, In Florida, a foreclosure (lis pendens) must be served on the actual person on the Deed and Mortgage as well as, the "unknown" spouse and all residents over 18 years of age. They are considered defendants.
Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10) Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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