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View Diary: It keeps happening: Faceless Bank's Repo Contractor hauls all of W Va. Woman's possessions to dump (279 comments)

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  •  It's not impossible to make it a crime to repo (6+ / 0-)

    the wrong house, nor to dispose of property that not your own.

    We should be acting in concert to make this a crime locally, statewide and nationally. Cleveland passed a law giving the city title to abandoned houses foreclosed by banks and left unattended, and it's working quite well. Other cities have taken steps to reign in banks' behavior.

    This should actually be an easy sell -- who wants their property taken by a bank that doesn't even have an interest in it?

    And yes, there will be lots of resistance and push-back from the bank's legislators. But it's happened before. We can make it happen again.

    I suggest gathering like minded people in your community, start at the local level and build pressure from the bottom up. Don't expect it to go easy, but it can be done.

    •  I think the difficulty (3+ / 0-)
      Recommended by:
      Lefty Coaster, Ahianne, Calamity Jean

      is making it a crime to repossess the physical structure when that action is done in error.  I think here should be some leeway for making mistakes.  However, a person's personal belongings should be protected.  So create your legislature that says it isn't criminal that the bank makes a mistake (still wrong and subject to civil actions) but it crosses the legal threshold when they dispose of personal property that they do not own (even if they are mistaken).  

      There is no mistaking that my furniture/clothing/picture albums are not owned in whole or part by the bank that holds my mortgage.

      "You have attributed conditions to villainy that simply result from stupidity"

      by newfie on Fri Aug 30, 2013 at 07:58:45 AM PDT

      [ Parent ]

      •  I think it's easy to criminalize it by adding (0+ / 0-)

        regulatory requirements that make it MUCH less likely that it will happen if the requirements are followed, and then criminalizing failure to follow the requirements.

        To put the torture behind us is, inevitably, to put it in front of us.

        by UntimelyRippd on Fri Aug 30, 2013 at 09:03:53 AM PDT

        [ Parent ]

        •  Yes (1+ / 0-)
          Recommended by:

          The first requirement should be to post a notice on the front door of the dwelling at least 30 days before any entry to the dwelling, coupled with a requirement for legal service of papers by hand to the owner-of-record of that property, as verified by a full title search, including directly contacting whichever local or state agency stores the primary copies of titles in the jurisdiction.

          A house is not a car. A car, you need to sneak up on to repossess or the person you're repossessing it from might drive it off and hide it somewhere. There's absolutely no reason not to give advance notice when repossessing a dwelling at a fixed address.

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