Woman loses everything as bank repos wrong house

Foreclosures are slowing to such an extent banks are now seizing homes the homes of people who pay their bills on time. (AP photo from unrelated story)

Foreclosures are slowing to such an extent banks are now seizing the homes of people who pay their bills on time. (AP photo from unrelated story)

Theft is a crime, unless a bank orders it.

No criminal charges are expected after a bank provided the wrong information to a repossession company that removed everything from a West Virginia woman’s home and took it to the dump.

Nikki Bailey returned to an empty home after visiting her friend in the hospital and saw the last repo truck hauling her life away.

“Everything was gone,” Bailey, from Logan, W. Va., said in a WSAZ article. “Living room furniture, my Marshall diploma, my high school diploma, my pictures — my history. I was teacher of the year. All of that stuff is gone — certificates from that. It’s all gone.”

The repo company, CTM Industries, was told to trash everything in the home by a bank, which is not named in the article.

The bank and CTM “cannot face criminal charges” according to a local prosecutor, though Bailey can file a civil suit.

She has hired an attorney who still hasn’t figured out which bank ordered the repossession.

Sadly, news like this is not uncommon.

Here’s some more news I ran across during my morning sprint around the Interwebs:

51 comments Add your comment

BK37

August 29th, 2013
7:32 am

As a new homeowner, this type of stuff makes me soooooo p****d off to read!!!!

JudeTheObtuse

August 29th, 2013
7:40 am

I get a very dark feeling that some entity, seemingly beyond the law, can come in, completely invisible, and steal everything a person has with no warning and no accountability. If you’ve ever read any Kafka, this is the feeling! I hope there will be follow up stories to this article that include the name of the bank. It needs to be public record.

Road Scholar

August 29th, 2013
7:42 am

What do you mean they can’t be charged? It was a robbery! They were in the wrong home. They broke in! Illegally! Let us know which bank. Would you let them handle your money????

Maria

August 29th, 2013
7:46 am

The bank should be left 100% ACCOUNTABLE since they are the one’s that “F*****d up. This could happen to any of us.

Centrist

August 29th, 2013
7:49 am

The civil suit (or more likely a very generous settlement) will be VERY hefty – probably a lot more than any insurance company would pay because emotional pain and exemplary damages also come into play.

Ghostrider

August 29th, 2013
7:50 am

So the Banks are legal crooks then, just like our Goverment….

Edward

August 29th, 2013
7:52 am

Odds are it is Skank of America, this is typical of that criminal outfit that plagues our society with impunity.

MeaneyMouse

August 29th, 2013
8:07 am

Mayor you are an idiot. You need to box up your computer and return it BECAUSE YOU’RE TO STUPID TO USE IT!!

Keith

August 29th, 2013
8:13 am

Someone at a bank needs to pay a painful physical price for this, and if there was anything valuable in the house you better believe the hauling co. employees didn’t dump it.

Uncle Mike

August 29th, 2013
8:16 am

Several repo guys would be leaving in body bags!

Sid

August 29th, 2013
8:20 am

so not only do banks get away with front-running, fraud, industrialized forgery, money laundering for violent drug lords/terrorists we can’t even prosecute them for breaking/entering & robbery?!?

somebody tell me w/a straight face that we’re a nation of laws – I DARE YOU!!!

Michael

August 29th, 2013
8:21 am

The reason it isn’t criminal has to do with intent. While this is egregiously stupid their intent was not criminal. While stupidity at this level probably should be criminal it isn’t.

Please wear your white sheet and pointed hat post #2

August 29th, 2013
8:37 am

Sad day when it turns to race and the lady lost her house.

Wow

August 29th, 2013
8:44 am

Man I know I would be spitting fire if this happened to me. The bank would be serving me until I felt like they had paid their due. I can not believe the last sentence said this is not uncommon. That is STUPID there are no checks and balances in this system.

Drunken Hawkz Coach

August 29th, 2013
8:45 am

Wasn’t the bank that erred on this repossession actually bailed out by the Rodeo Clown Administration?

The Bankster criminal syndicate

August 29th, 2013
8:45 am

Give a man a gun and he can rob a bank. Give a man a bank and he can rob the world.

“The issue which has swept down the centuries and which will have to be fought sooner or later is the people versus the banks.”
– Lord Acton (back in the 1700s)

The banks, central banking, and the control of governments by the criminal bankster cartel has been the root cause of most human misery through the centuries. They have been the prime drivers of every major war that has been fought in the past 400 years and they all enjoy a special protection by the ruling powers (governments) for their criminal actions.

Their current house of cards will not last much longer. The real question is what are regular Americans going to tolerate from their government and the banksters when the end finally comes.

TechnoGeek

August 29th, 2013
8:48 am

So now we all need a state of the art alarm system to protect us from not only criminals but from the criminally stupid. I want the CEO of that bank rooting through the trash in the city dump to get her stuff back. Hope she has a really good attorney.

TechnoGeek

August 29th, 2013
8:49 am

Why isn’t stupidity a crime? If we just lock up all the stupid people, stupid stuff won’t happen, and they won’t produce stupid kids who do more stupid stuff.

BobDog

August 29th, 2013
8:50 am

She has hit the litigation jackpot. She can sue the repo company and they will spill the beans on which bank hired them.

This whole article looks a little sketch to me, though.

Dumb and Dumber

August 29th, 2013
8:53 am

Please Centrist — its clear you don’t know what you are talking about.

The Bank won’t settle easy — in fact they will question the valuation of every item she claims is lost and will likely ask for reciepts or proof of ownership and then offer pennies on the dollar. If she can prove she actually owned something, she will be offered replacement value to purchase a similar used item. Have you never filed an insurance claim?

As for photogrpahs, diplomas, etc., the Bank’s insurance companies will laugh at the claim. She will get a few dollars, but she will never be made whole. That is the way our system works.

If you want to have a chance with an insurance company you will have to inventory and photograph what you own now — because after it is gone they will just say you are trying to scam the system.

Alston

August 29th, 2013
9:02 am

How can a bank order a repo company to ‘trash’ everything in a house? REPOSSESION means to take back anything that belongs to the bank that has not been paid for. That lady’s certificates; diplomas; awards; pictures;etc. don’t belong to the bank. Even if they were ‘properly’ forclosing on the house, they have no right to destroy personal property. I really want to know the name of the bank, just for my own information.

Matt

August 29th, 2013
9:04 am

This is a sad story, but I question why nobody reports on the countless folks holding the banks hostages without paying on mortgages for YEARS because they’ve tied them up in frivolous litigation. There is a ton of this in Atlanta, but nobody talks about these self-righteous thieves (especially in media). Banks are pretty bad these days, but let’s not pretend the huge majority of home owners in trouble aren’t almost entirely responsible for their predicament.

rob

August 29th, 2013
9:18 am

What will happen, (just like the trial for the baby that was shot in the face) is that a Lawyer for the bank will get in court and say, “you called your insurance company right after this happened, so it must be your fault and your only out for money!…”

Talladawg

August 29th, 2013
9:22 am

She probably will get a monetary settlement, but the heartbreak is that it will not replace many of her priseless mementoes.

Danny

August 29th, 2013
9:23 am

Home ownership that has been pushed down our throat is a bunch of BS. It is merely an option, however you will NEVER own your home as long as you have property tax, HOA fees, etc. Don’t pay your HOA fees, they can put a lien on your home, can’t pay your water bill, they can put a lien on your home. Can’t afford your home anymore you stuck until you sell it and then you may wind up owing anyways. Fall a few months behind on your mortgage, the Bank can take your home even though you may already paid 20 years worth. You won’t get a dime, they got paid and will resell it. So no real loss to them.

Sorry I rather stay in apartment where I have to only worry about paying rent, repairs, fees, etc included.

Talladawg

August 29th, 2013
9:26 am

Matt @ 9:04 – You are very correct, but at the point of foreclosure (the subject of this article) the bank has a responsibility to make sure which property they are destroying. But, you are correct, banks do not want homes they only want the money (or a percentage) they loaned to the people who bought the homes.

Hamad Meander

August 29th, 2013
9:29 am

I hope she gets millions upon millions. What a violation of a person’s life and possessions! If she had a mortgage, she should not have one after this.

Bumper

August 29th, 2013
9:43 am

The personal belongings Ms. Bailey lost are irreplaceable, but if her lawsuit winds up in front of a sympathetic local jury she will hit the jackpot. You can bet the bank will pull out all the stops to keep that from happening, they’ll offer to settle for BIG bucks.

George Mathis

August 29th, 2013
9:51 am

Please quit posting racist comments. My delete key is getting worn out with some of you folks.

thekimmer

August 29th, 2013
10:00 am

Regardless of what you think of banks or the worthlessness of sentimental items this bank would be stupid not to offer this woman far more than they think her stuff is worth under the circumstances. Unlike the complete idiot bank president in the other story linked to this one who’s outfit pulled the same thing and had the opportunity to settle with the homeowner and make it go away for just $18K. He refused because he thought she was fleecing him. What a dolt! His bank will wind up paying at least 5 times that in punitive damages and suffer 100X that in bad pub and lost business!

LydiasDad

August 29th, 2013
10:02 am

I’d own that bank.

DublDawg

August 29th, 2013
10:17 am

Reading a reporter’s recitation of events like this with mention of “repo” makes my head hurt. “Journalism” has been in a long decline, and the internet has accelerated it.

Banks foreclose on homes, they repossess cars.

After a bank forecloses on a home, the tenant usually refuses to leave agreeably and the banks therefore use a “cash for keys” deal which pays them to leave, clean the house, and turn over the keys amicably. Other times they “evict” a tenant pursuant to a court order. In the instance of commercial tenants, many jurisdictions allow owners to evict tenants through self-help without obtaining a writ or possession in advance. An eviction and a “repo” are by no means the same thing.

The system that has made mortgages more affordable has also created a greater bureaucracy, and the actual lenders are far removed from the borrower with a long chain between them. Most of the people staffing that bureaucracy have high school diplomas from public schools, and could barely graduate even under the dumbed-down curriculum. Those cogs in the wheel make an incredible number of damaging and costly mistakes.

Bailey has a good case for wrongful eviction, an intentional tort that entitles her to request an award of punitives damages from a jury in addition to the value of her property. She can likely request an award of fees as well. As much as banks and entities in the mortgage chain are reviled these, there is a big incentive to settle those cases to avoid going before a jury of ticked off jurors.

OneRyder

August 29th, 2013
10:32 am

How the heck is the bank not liable? Are you kidding me? I couldn’t imagine this happening to me. I would have to win millions in a civil suit. So much is lost.

Bernie

August 29th, 2013
11:02 am

Can you say “One Call that’s ALL!”

Glenn

August 29th, 2013
11:23 am

Actually, I believe they should be able to file a criminal complain against the bank for filing a false Affidavit, which claimed her house was in foreclosure and they had the right to evict, when in fact, her house WAS NOT in foreclosure, and they HAD NO RIGHT to enter her residence legally and remove her property.

She should also be able to file a civil claim for their actions to not only pay for their having all of her personal belongings being thrown away, but if she can show a history of this activity, possibly even punitive damages.

Reality Check

August 29th, 2013
11:25 am

I get a very dark feeling that JudeTheObtuse isn’t playing with a full deck.

AtlSteve

August 29th, 2013
12:06 pm

Video all dealings she has with the bank on this. If they balk…load the video up on YouTube.
Banks loathe bad publicity

My knee hurts

August 29th, 2013
12:16 pm

Man who would give the repo folks wrong house trash it empty and Bank who sent can’t be charge…well oil me behind with butter i never heard of that law…she should see repo get stuff replaced and bet bank was wells fargo i just can see….she needs get that fellow who say’s One call that all!

woodrow

August 29th, 2013
12:22 pm

I would begin by asking the obvious question. Did anybody contact the homeowner first to make sure they had the right place?

Bill Clinton's Love Child

August 29th, 2013
12:53 pm

The bank needs to pay and when they do it needs to hurt. Unfortunately, whichever bank it turns out to be probably won’t flinch at the ultimate settlement. As some have commented the best way to make them pay is to parade this public relations disaster around in the court of public opinion.

Totally Real Person -- Totally!

August 29th, 2013
1:11 pm

This is why the story of Robin Hood was so popular. That and the fact he ran around in those tight “tights”.

Jimmy B

August 29th, 2013
2:04 pm

@george..i didnt see anything racist…just because you talk about race issues, doesnt make it racist

Diane

August 29th, 2013
2:13 pm

Bet it was Bank of America!

ad

August 29th, 2013
2:19 pm

Better call Saul.

Z

August 29th, 2013
3:01 pm

The emotional loss is worth Millions in a Civil Suit..lets hope she gets those millions she is entitled to. I would be livid if this happened to our family. Some personal family items are irreplaceable..she deserves millions of dollars in damages..make an example of this bank, so they and other banks will never forget what can happens when they make a mistake like this..throw the book at them.. 50 Million dollars ought to get their attention!

dlink

August 29th, 2013
3:36 pm

Give the internet the home address, the internet would find the bank responsible.

Allan

August 29th, 2013
8:54 pm

You can thank the Georgia Republican leadership for letting the banks do whatever they want. Amazing how many morons in this State vote against their own interests.

Von

August 29th, 2013
9:33 pm

What will be interesting is if the bank orders repo on the wrong house and the repo men come and get shot to death. I would imagine the bank could be charged with murder for that.

GaDawg

August 30th, 2013
12:28 am

This poor lady needs to find the Bank then have ” Vito ” show up in the Bank President’s driveway with his friend Mr. Glock with a message of ” I have a offer you can’t refuse “

The Real Guy from Grayson

August 30th, 2013
7:51 am

I bet the bank mailed her a few letters before this happened. She probably ignored them because of the error. Anytime a bank sends you a letter; always open, read and respond. All of this could have been avoided (I am saying this on the condition that there was previous communication) if she would have called the loan servicer and informed them of the clerical error.