RO - Wells Fargo forecloses wrong house; discards all contents

"The owners of a modest home near Twentynine Palms lost their cherished possessions after a bank mistakenly foreclosed their residence.

A crew broke into Alvin and Pat Tjosaas’ desert home and took everything after being directed by Wells Fargo to secure the structure.

The couple, however, didn’t have a mortgage on the home.

Alvin said the deputy sheriff said, “Good news, we know who took (your possessions)…Wells Fargo. Bad news, your stuff is all gone.”

All the married couple has now are three generations of memories."

I like how they use the euphemism “Secured”.

So secured = broken into, ransacked, emptied, and the contents put…where? No short-term storage? In a dumpster? A landfill?

And how bright are these “securers”? Could they not tell someone was currently residing there? What if there’d been a dog in the kitchen? Or, re-reading, maybe was this was a vacation-type home.

The story you link totally misses the truly heinous kicker of this story. It happened not once, but twice.

Yes, after the initial “clean-out” and after the owners had come to recover what they could from the aftermath three days later, and after Wells Fargo and authorities had been notified, another contractor that was hired by Wells Fargo to “clean-out” the same originally-intended home made the same mistake with Wells Fargo’s satellite map/directions, and “cleaned 'em out” once again.

On the up-side, they will have a plethora of lawyers to choose from when they sue Wells Fargo out of existance.

One could only dream of such an outcome and the celebration that will surely follow.

Edit: And why the hell isn’t this criminal? I have a strong feeling that IF I’d done any such thing, I’d be eating jail food for a while.

Hopefully the settlement is well into the 7 figure range.

So, if the home owner was working nights and was asleep when the folks broke in. . .and if he awoke, startled, and grabbed his shotgun. . .

They’ve got lots of money, you don’t. Which means in plutocratic America that they are essentially aristocrats; above the law for most purposes.

Does anybody think Wells Fargo (or any person within the company) really did this intentionally? It’s a colossal fuckup, to be sure, but at best you could say they acted recklessly. They should pay for it in the way that hurts a company most, with money.

It was breaking and entering. That’s a criminal act. I’d love to see the DA put a Wells-Fargo manager behind bars for a while.

I hope this stays in the news. It will give me a warm feeling inside when I hear the large dollar amount that this couple will get from Wells-Fargo.:):):):):slight_smile:

Can you say well-deserved lawsuit in the making?

This is one of the reasons why corporations aren’t people: they won’t go to jail for breaking and entering. (They also don’t have consciences.)

I think a jury might not feel quite that way.

It truly was a B&E, though…I don’t see how that’s not prosecutable. IANAL, though.

IANAL, but it would be down to a matter of intent. Since it was a mistake, and they didn’t *mean *to do it, it’s not a crime. They are of course still civilly liable.

Except they did intend to take possession and then dispose of items that did not belong to the bank.

Ignorance is no defense, I thought. Again, IANAL.:slight_smile:

So, no criminal liability because they admittedly don’t know what the fuck they are doing? I’m cool with that, along with a huge civil award.

This is what I don’t understand. Are they legally allowed to dispose of items that don’t belong to them?

No, they didn’t. They intended to take possession and then dispose of items that did belong to the bank. Unintentionally, they did otherwise.

That refers to ignorance of the law. They weren’t ignorant of the laws about breaking into houses, they just unintentionally broke into a house they had no right to.

I do wonder about the local foreclosure laws, though. I don’t know much about such laws in general, but I was under the impression that a county sheriff generally has to be present and sign off on any forced entry and removal of tenants/contents. Is something like that not always necessary?