January 30th, 2010 
admin 
A couple from New Bedford filed a lawsuit for a wrong foreclosure, claiming that the Bank of America had foreclosed their second home wrongly.
Charlie P. and Maria Cardoso claimed that their home in Florida was free of any mortgage.
Their lawyers argued that the Bank had already been notified about the wrong foreclosure, in July, despite which it got foreclosed. At that time, the tenants to the house were a single parent and her two sons. According to the court records, the foreclosure proceedings forced them to leave the house. Charlie used to work in the construction business. But according the court documents, he is currently not doing his job, and Maria is disabled.
A spokeswoman of Bank of America, Christina Beyer refused to comment arguing that it was against their policy to discuss such matters, which were yet to be resolved.
The foreclosure proceedings ruined a party which was kept for Mrs. Cardoso’s son. He was coming back home on leave from his duty in Iraq. Instead of celebrating, Mr. Cardoso and his stepson had to go resolve the matter of the wrongly foreclosed home. The party was no longer held.
According to the complaint, Cardoso had received a call from his tenant in July. In a panic, she had said that a few officials had come from the bank to foreclose, clear away and lock the doors of the house. Cardoso then spoke with one of the officials to say that they had got the wrong house. The official had said that he would telephone his boss. Jason Garcia, the real estate agent hired by the bank, on receiving a call from Cardoso, contacted the bank to say they were foreclosing the wrong property.
According to the complaint, “Mr. Cardoso believed the problem had been taken care of, as he had asked, because he received no addition contact from BOA.” He was wrong.
Later, Cardoso was informed of the foreclosure, by his friend. On the 9th of January, he drove down to Florida with his son, and the following day, convinced the police to let him enter his wrongly foreclosed home. He had to break the locks to learn that the water supply and electricity supply had been cut off. Besides, many of his power tools, which he had stored in the garage, had gone missing.
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Tags: Bedford Filed, New Bedford Filed, Wrong, Wrong Foreclosure