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Bank burglarizes house, refuses to pay proper restitution

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  • Bank burglarizes house, refuses to pay proper restitution

    From Popehat, this is one of the most outrageous stories I've heard in quite a while.

    The short version: The First National Bank of Wellston, Ohio has foreclosed houses to act on. They have to go through the steps of sweeping out left-over possessions, changing locks, and preparing houses for resale. So what happened in mid-June? A pair of agents went out to act on one of these foreclosed properties. They used a GPS to find the house, identified it by the overgrown grass in the front yard, broke in, changed the locks, and started hauling away and disposing of furniture.

    The problem? They were sent out to foreclose on number 509, and the house they actually entered was 514, owned by Katie Barnett (who was not even mortgaged by that bank at all)... which makes their actions burglary. Both houses had their house numbers clearly posted on their mailboxes, but neither of the agents involved thought to check.

    Outraged yet? Wait, it gets better. Not only did the bank's agents effectively burglarize the house, they're now refusing to pay appropriate restitution for the damage and disposed-of property. They're objecting to the list of disposed-of property that the woman has provided, because it doesn't match the list given by their agents (you know, those paragons of diligence and attention to detail). And beyond that, the bank is demanding receipts for the property. On top of that, the president and CEO of the bank, Anthony S. Thorne, has (allegedly) scoffingly told the woman that even once she produces the receipts, the bank, "isn't paying retail."

    For his part, Thorne has acknowledged the mistake, and has told the press that he's being diligent about trying to make restitution, and that Ms. Barnett's story is exaggerated. Barnett, on the other hand, is adamant about her story, and is planning to file a lawsuit.

  • #2
    I don't understand; why is this not a case of "pay whatever she says you owe her, fast, and be glad you're not going to prison?"
    "My in-laws are country people and at night you can hear their distinctive howl."

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    • #3
      Originally posted by HYHYBT View Post
      I don't understand; why is this not a case of "pay whatever she says you owe her, fast, and be glad you're not going to prison?"
      Or, hell, "Pay whatever she says you owe and hope the public eye doesn't crucify you"

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      • #4
        Major suckitude. I have to admit it wouldn't work here, I don't think that our house is actually ever empty, between Rob, our roomie and myself, or the pet and poultry sitter if we have to all be away there is pretty much always someone here. Of course we also have the house number very plainly marked on the mailbox, the side of the house and the front door - housewarming presents are great for that - someone gave us a lighted solar wall mounted address sign, and someone else gave us a really nice engraved brass plate that screws onto the door right above the centered knocker.

        But then again, I would really love to see some pair of bank dweebs get past our watch geese!

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        • #5
          She should have pressed charges then. They had no legitimate reason to be in *her* house.

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          • #6
            Isn't the use of geese a little over the top? Couldn't you just install, like, motion activated sub machine guns? At least their deaths would be quicker!
            Last edited by MadMike; 07-30-2013, 09:51 PM. Reason: Was it really necessary to quote the entire post, AND the image???

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            • #7
              Yet another reason that I refuse to do business with any commercial bank.
              I second the call for her to press charges, this wasn't a mistake, it was theft, plain and simple.
              "I'm Gar and I'm proud" -slytovhand

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              • #8
                Yeah.... I would have pressed charges for breaking and entering and theft.

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                • #9
                  She tried to press charges and was told by the local police department that this was a civil matter not a criminal one.

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                  • #10
                    Originally posted by RedRoseSpiral View Post
                    She tried to press charges and was told by the local police department that this was a civil matter not a criminal one.
                    I can actually get somewhat behind that position. It's relatively clear that there was no intent to burglarize the home, so it wouldn't be a criminal matter. It was a mistake - yes, a very stupid one - but a mistake nonetheless. No intent involved, no crime committed (note: local laws may vary).

                    Of course the bank should reimburse her for anything that was taken or destroyed, and I really hope she has the financial means to actually take them to court over this. I don't really get what they hope to accomplish through their refusal; the only reason I can think of is an attempt to drag this through courts until her resources are exhausted. Which is a very shitty way to deal with this.
                    "You are who you are on your worst day, Durkon. Anything less is a comforting lie you tell yourself to numb the pain." - Evil
                    "You're trying to be Lawful Good. People forget how crucial it is to keep trying, even if they screw it up now and then." - Good

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                    • #11
                      Yes, the problem here is intent. Theft in law requires mens rea and you can't prove the bank or the repo men intended to do this. Prosecution is impossible or at least a waste of time. The bank holding the goods is also problematic for the same reason. They weren't acquired as a result of theft. I think that may bit of a loophole in the way the law is written, but it has far more to do with this than crony capitalism. But hey, every blog's gotta have an angle right?

                      Law suit? Yes. Handcuffs and orange clothing? Nope.

                      Hope she gets her stuff back. I also hope she's not trying to extort the bank. I've worked for creditors before. I'm not saying this bank couldn't be shady, but generally when a mistake is made you try to unwind it as efficiently as possible because you don't want the kind of press this case is seeing. Also, you're just doing your job so generally the Snidely Whiplash is a little uncalled for in your day to day.
                      Last edited by D_Yeti_Esquire; 07-30-2013, 11:04 AM.

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                      • #12
                        Burglary no, trespassing yes.
                        I am a sexy shoeless god of war!
                        Minus the sexy and I'm wearing shoes.

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                        • #13
                          It's worth noting that sometimes, when the cops say "It's not our deal, don't bother us," they're full of shit and just don't want to be bothered.

                          In this case, I suspect they really don't want to go up against what is likely one of the town's biggest businesses despite that business' agents being responsible for, at the least, trespassing, breaking and entering, vandalism, and outright criminal negligence.
                          Faith is about what you do. It's about aspiring to be better and nobler and kinder than you are. It's about making sacrifices for the good of others. - Dresden

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                          • #14
                            Originally posted by Andara Bledin View Post
                            It's worth noting that sometimes, when the cops say "It's not our deal, don't bother us," they're full of shit and just don't want to be bothered.

                            In this case, I suspect they really don't want to go up against what is likely one of the town's biggest businesses despite that business' agents being responsible for, at the least, trespassing, breaking and entering, vandalism, and outright criminal negligence.
                            that was kind of my thought. Maybe they can't be charged with theft but they can be charged with a bunch of other stuff. This might cause some other people in similar professions to take note.

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                            • #15
                              Originally posted by Duelist925 View Post
                              Isn't the use of geese a little over the top? Couldn't you just install, like, motion activated sub machine guns? At least their deaths would be quicker!
                              Hard to make an omelet from ammunition

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