We’re told that the housing crisis is over, and especially we’re told that we’ve reached the end of all these “technical errors” in the documentation and foreclosure process. We’re over that hump, the banks have cleaned up their act because those brave souls in the Obama Administration and the state AGs “took them on.” That’s what Kamala Harris, the Attorney General of California, implied the other night at the DNC convention. Somebody should send her this clipping from her home state:
A local couple’s dreams have been shattered by a foreclosure mistake that left their retirement home in ruins.
When banks take over foreclosed homes, they often try to salvage the contents inside to recoup their losses. But what if they have no right to those contents in the first place? Alvin Tjosaas says that scenario is all too real for him.
Back in 1961, a 14-year-old Tjosaas literally helped his father build a vacation home in Twentynine Palms. He’s taken his family there ever since, sharing unforgettable moments [...]
The house recently had valuables stored in the garage, including decades worth of family heirlooms. But the house was in ruins after Tjosaas says subcontractors hired by Wells Fargo entered the property with a foreclosure notice in hand. The notice had the name Stephen A. Janosik on it, but the address for the Tjosaas family home.
“It’s the wrong house, simple as that. It’s a big mistake, but sort of a simple mistake,” said Tjosaas.
Tjosaas is being way too nice about this. It’s a simple mistake that should simply NEVER HAPPEN. There are several layers of alleged safeguards to prevent this from ever happening. It’s not the kind of thing that can be explained by a wrong address – this happens too often for that to be the case. The address was written on all the forms because the banks have about as much knowledge about who owns what and why as the convenience store clerk down the street. The subcontractors destroyed this house, and got paid handsomely for it.
Wells Fargo is apparently making amends, offering the family $260,000 for their mistake (the Wells Fargo rep told Mr. Tjosaas outright that he sought them out for compensation after “media calls”). The larger point is that it’s a mistake that reveals the continued chaos in the land title system, which the big banks simply broke. I’m almost surprised this kind of chaos doesn’t happen more often.
But remember, housing recovery, nothing to see here…




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I’d like to know how this activity is not breaking-and-entering and vandalism? If I break into someone’s house and tear it up, am I allowed just to provide an invalid foreclosure document and it becomes my get-out-of-jail card?
Why aren’t people going to jail for this?
Pamela Harris and Eric Scheiderman to the white courtesy phone.
If this isn’t low hanging indictable fruit, what is?
Good question. The Tjosaas’s lawyer should lean on this possibility to get a multi-million settlement. It will all be paid out of WF’s insurance anyway. In fact, the Tjosaas’s insurance company should make the claim, since it has the deep pockets one needs to go against a TBTF bank.
How do you know it doesn’t?
It should be flat-out illegal for employees of a bank to break into a house and steal what is inside it. Being owed money does not create in a bank any sort of law enforcement authority. If the bank is owed money and wants assets it is for the bank to sue the debtor in court, and get a court order that is then serviced by police.
Otherwise, the bank is a mafia. End of story.
The Tjosaas’ need to hire a lawyer asap. A really good one not afraid to take on Wells. I live in Maryland and work in the RE industry, in 5 minutes with an address and a name I can tell you if a house is in foreclosure, is owned by the person, or even has a mortgage. The huns (for lack of a better word) who sacked their place and destroyed their memories did not practice any standard of care before breaking in.
It is our way though isn’t it? “I will kick in your door and shoot you, bitches!”"Because I can and there’s nothing you can do about it.”
insurance companies do not go after each other hard. they are usually in bed together on other matters and need to stay friends and as an industry remain united against high settlements
Knut, can I call you Knut. I agree with you. This is ONLY happening once a week??
Amazing!
The banks don’t have to worry – it is obivious that the DOJ will NEVER hold them accountable for breaking the law. Vote third party!!
1930s stuff. Now that the cumbersome gains of the Great Society program are effaced we can start accelerating back in time.
If you’re in the 1%: Yes. In fact, you don’t even need a get out of jail card. You are automatically above any laws, which are for the piffling 99%.
If you’re in the 99%? No.
pre reaganomics did banks foreclose on wrong houses often???
But, but, but… I’m SURE it’s all somehow all the fault of Alvin Tjosaas… Didn’t the POTUS last night wax lyrical about responsible home owners??? If the bank does something, it’s because, de facto, the home owner was irresponsible and got what they deserved. Isn’t that what Rush says? Isn’t Rush also the BOSS of Obama??
What am I missing? Isn’t Tjosaas a suspicious-sounding name??
Obama is writing a sternly worded letter to Wells Fargo right now.
And more good news! Wells Fargo stock is up a buck in the last 2 trading sessions.
The Resolution Trust Corp. (1989) formed pursuant to the Savings & Loan debacle is a case in point. The S&Ls often had no idea what they’d loaned money on, but the RTC was not taking any prisoners; they had hundreds (thousands? millions?) of lost properties found and retraced by licensed surveyors. Which of course, swamped the keepers of the public property records.
Doing a right-of-way survey for TXDOT I had to almost completely rebuild (ownership records wise) a small city in Texas because even the tax appraisal authority was so often wrong about who owned what that their records were useless.
I don’t know about California, they ought to be better, but I cannot imagine the county appropriations authority (The County Commissioner’s Court in Texas) responding (much less effectively or promptly) to a simple plea (from the County Clerk or the Central Appraisal District) of: “We are being covered up by this avalanche of real estate transactions.”
They didn’t before, why now? Besides where would they get the money? Taxes!? Are you crazy?
It is illegal. Only, no-one with the power wants to enforce the law.
Personally, I hope they sue for everything they can.
The trouble is that, breaking and entering, vandalism, and theft are not crimes you simply sue over in the State of California or any place else I am aware of. These are crimes for which perpetrators are arrested, charged by a District Attorney, convicted, and incarcerated over.
After that, the lawsuit can go, become there is a criminal conviction, a court determination of wrongdoing and the culpability for damages is clear.
So the question is: if it is illegal for a bank to pretend to “authorize” private employees to break and enter, vandalize, and steal, then who is to be arrested and incarcerated? Clearly the “subcontractors” (ie, thugs) the bank hired are part of that group, but someone in a corporate bank office somewhere had to have directed the thugs to commit crimes. This person is without a doubt guilty of something criminal and should be arrested as well. If I give you money to go smash the windows of someone I have a bone to pick with, I am assuredly an accessory to your crime if you carry it out.
So why are we hearing of lawsuits? We need to hear of the arrest of a bank official and some “subcontractors”. Otherwise what we have established is that banks are a sort of mafia that can at most be sued but face no liability under criminal law for anything that they do.
Sadly, I know this is true.
I agree with you 100%, but in this case it seems that you and I are both wrong. This homeowner in Twentyninepalms should insist his local Sheriff arrest the culprits. Let them prove in court that they didn’t commit a crime.
I remain shocked that local law enforcement is letting companies terrorize their citizenry without so much as rolling a cruiser to the scene.
Silver lining alert!!! At least it wasn’t a fubar SWAT team drug raid that resulted in the death of Mr. Tjosaas and family.
That’s because law enforcement’s Protect and Serve motto only applies to the 1%. If you are shocked by this you haven’t been paying attention.
…and the family dog.
they’re big on shooting the family pooches.
Perhaps if the owners availed themselves of Second Amendment remedies…
Crimes are prosecuted in criminal court. Torts are redressed by damages awarded in civil court. Anywhere the English common law prevails.
Wells Fargo (voluntarily?) offered the family $260,000.00 for a settlement of this tort. That doesn’t support these criminal intent accusations. Nobody would expect to make more than $260,000 selling stolen heirlooms. Stolen Picassos maybe.
This sort of SNAFU is nowhere near unprecedented. Not even unusual. Mostly somebody asks, “What are you doing?” and the crew says whatever they say and the owner or a neighbor says, “You idiot, you’ve got the wrong house!” And the crew calls the office, the office stammers and the crew leaves.
RaggMopp — state of MI licensed PS here. Luckily, I got downsized into unemployment and subsequent retirement four years ago. I cannot imagine the problem you guys are having now and will have for years to come. And MERS still exists ensuring that future events like this will continue.
Minnesota calls us Public Surveyors? I’ve heard stranger names, even official ones. In Texas they call us Registered Professional Land Surveyors (RPLS). That’s embarrassing. California just calls us Licensed Surveyors (LS) which seems sensible to me. Apparently many Texans don’t read that well, or don’t retain it, so you have to sort of drill it in.
God I love this work!
Quick offer of $260,000? This sounds like the military in Afghanistan or Yemen after a drone attack gone bad where hush money is spread around quickly.
Perhaps we should say MERS is still “at large with no imminent apprehsion expected.”
MERS has had some setbacks. While not covered in the news sources (or FDL), there was a very important mortgage case decided by the Washington State Supreme Court last month that says MERS does not have the authority to foreclose on a property in Washington. http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename=862061MAJ
The court decided that if MERS does file a foreclosure, it may (decided on a case by case basis) be in violation of the Consumer Protection Act.
One funny thing, on page 25 of the decision, the court noted that MERS failed to identify any of its principals, but noted that in another case MERS had over 20,000 vice presidents signing documents…
Exactly. Settle quick. Don’t let them think about how violated they feel, or what a good lawyer might get in punitive damages.
Still doesn’t support felony charges.
RaggMopp — it’s Michigan and not Minnesota and it’s Professional Surveyor and not Public. Keep the faith Bro (or Sis, as the case may be) and keep pluggin’ away as the opportunity provides.
DeadLast — the land registry system worked well for over two hundred years. Enter politicians, bean-counters, adversarial lawyering, etc. in the late Nineties and here we are — greed, chaos, uncertainty.
My bad. God I even looked it up, but MI brought up Minnesota first on Wikipedia and I bit.
Professional Surveyor huh? That’s nice. Maybe it’s Maryland that uses Public Surveyor.
LOL
Thanks for the assist.
OT for RaggMopp — no bad on your part. The various state titles thing has been confusing my whole career. When I was first licensed in ’77 in MI we were Registered Land Surveyors. We took on the PS title in the early-Nineties because….well, I dunno why. Maybe the rubber stamp manufacturers had a very competent lobbyist. Whatever. But as one of perhaps less than 40k Americans with this license, I salute you, pal. “We few, we happy few, we band of brothers….” Outsiders — particularly CEs and architects — will never understand our bond.
I can’t say about everywhere, but in Texas when Mama jacks a round into the chamber of her slide action 12 ga. shotgun, Cha-chunk, nobody, and I mean nobody (law enforcement included) hangs around to see if she’s really serious.
Uh oh. I’m a PE too. Hope that doesn’t disqualify me from your band.
I know all about CE’s who think they should have something to say about land surveying just ’cause. I will have to give credit where due, they are fewer and fewer.
As a dual registrant, I’ll cut you some slack. At least on the S side of your license you’ve paid considerable dues and you get to stay in the band.
Whew!
Dropping by, no doubt long EPU’d; I do wonder why these contractors were so destructive, wrong house or right…why the hell were they smashing holes in walls, etc.? Does not compute even if they had the right place.
And it seems clear that nobody’s even trying to track down these poor people’s possessions; it shouldn’t be impossible.
I hope they hold out and sue for at least 1 million, including intentional infliction of mental anguish. So outrageous.
RetirininFive (hey, where you been, man? Is it down retiringintwo by now?) what you said about the land registry system working for centuries…actually, more than two, since it’s based on English systems that developed over many centuries…is so true. But yeah, let’s just dump this tried-and-true and try something brand-new…what could go wrong?
Btw, I cannot claim membership in the band of brothers/sisters, but will say that one of my most fondly remembered ex-bfs was a Registered Surveyor. I knew him in OK but recall him trying to explain the Texas registration and its significance. He was registered here, too. A bright guy who loved to be outdoors.
Tejanarusa!
You have information not shown in this thread. Holes in the walls?
Outdoors. That’s about my only real qualification. I don’t know if I actually like the outdoors, or just can’t stand to stay inside. Guess that’s a real philosophical question, huh?
I went to look for the holes in the walls on the www and didn’t find them, but I got the explanation of the “Again.” part of the title. Wasn’t clear from the OP but Wells Fargo contractors did the B&E thing TWICE at this same house that never had any knd of mortgage at all. Once is bad but again after beng informed they had the wrong house!?!?
No real hint of remorse such as an attempt to recover irreplaceable goods like Grampa’s WWI uniform…