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| A case of civil disobedience; mortgage inspired | |
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| Tweet Topic Started: Feb 22 2012, 02:53 AM (197 Views) | |
| Pat | Feb 22 2012, 02:53 AM Post #1 |
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Fire & Ice Senior Diplomat
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http://www.huffingtonpost.com/2012/02/21/arturo-de-los-santos-foreclosure-eviction_n_1288424.html When the law aligns with contract fraud and system abuse, what other recourse does this law abiding veteran have available other than civil disobedience. I'm surprised his lawyers have not moved on suing Chase in civil court for breech of agreement. |
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| Sea Dog | Feb 22 2012, 03:05 AM Post #2 |
Fire & Ice Senior Diplomat
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I read both the article and the comments. i wonder how much different the comments would have been if the guy was fourth generation white American instead of Latino? |
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| Pat | Feb 22 2012, 03:13 AM Post #3 |
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Fire & Ice Senior Diplomat
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Oh they would have been different Sea Dog. Not much different here than in Canada I might add. I wasn't focused on his race or the suspicion his wife was probably illegally in the country when they met. I was focused on how this guy's situation evolved, and what appears to be him following the rules right up to when Chase defaulted on the new agreement he had worked out. |
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| campingken | Feb 22 2012, 03:49 AM Post #4 |
Fire & Ice Senior Diplomat
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Pat, The guy is lucky he lives in CA. It is one of the 5 states that prohibits a lender for going after your other assets if you are foreclosed on. In Washington if you borrow $200,000 and the value drops to $100,000 so you walk away you will still be on the hook for the remaining $100,000. Although I feel for the guy I don't understand the issue. He borrowed the money and later could not make the payments. Do you think that the govt should step in and help him? Banks HATE having BOP (bank owned property) on their books. However it is their choice to modify the existing loan or not. Today it is common to hear about blood sucking banks because values have dropped. However when home prices were sky rocketing I never heard of anyone calling the bank and offering up some of the profits they made on the sale of their house. "Gee BofA you loaned us $100,000 and we made $300,000 on the sale. That isn't fair to you so we are sending you 50 grand to even things out." |
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| Pat | Feb 22 2012, 04:19 AM Post #5 |
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Fire & Ice Senior Diplomat
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It truly doesn't make sense how Chase has behaved here Ken. No, I don't want the government stepping up for the couple, but in this case, he had worked out an arrangement to handle the issues of his default. That new agreement is now the issue. Once Chase agree to a partial solution, a she says they did, then the foreclosure rights would in my opinion, be superseded by the new agreement. One department at Chase was not coordinating with another, but that would not be the fault of the borrower. I recommend he file suit. And I agree with his act civil disobedience. It's the bank leaning on government in this case, not the borrower. Edited by Pat, Feb 22 2012, 04:20 AM.
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| Jim Miller | Feb 22 2012, 04:45 AM Post #6 |
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Fire & Ice Senior Diplomat
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It isn't any business of yours, Sea. Edited by Jim Miller, Feb 22 2012, 04:45 AM.
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| campingken | Feb 22 2012, 05:51 AM Post #7 |
Fire & Ice Senior Diplomat
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Pat, If Chase restructured the loan and the guy has proof then they are in breach of contract. Unfortuanely a one man act of civil disobiedence often results in a long jail sentence. The officers will be acting prusuiant to a court order (it is a crime for them to disobey it) and his refusing to follow their instrctions will result in his arrest. In this case it would be smarter for him to lose a battle (leave) and win the war. His leaving will result in an additional harm that Chase will have to pay for. If he is evicted it will, at that time, have been because Chase was able to show the court just (legal) cause for the eviction. Jim, Thanks for adding something of no value to the topic. Edited by campingken, Feb 22 2012, 05:53 AM.
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