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Florida Lawsuit Alleges Wrongful Foreclosure, Seeks Return of Homes

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Some Florida homeowners who’ve had their homes foreclosed say the seizures were illegal, and now their suing to get their homes back. The lawsuit, which was filed in federal court in Miami, seeks class action status to represent homeowners in similar situations throughout the US.

The Florida wrongful foreclosure lawsuit stems from recent disclosures by banks, including Bank of America, JP Morgan Chase, GMAC Mortgage and others that court documents required in some states were improperly processed. The banks used personnel who came to be known as robo-signers who didn’t read or otherwise verify foreclosure documents before signing off on them. In some cases, the documents weren’t properly notarized.

The revelations caused some of the banks to suspend foreclosures in some states while they reviewed procedures. The banks’ foreclosure processing is also now being investigated by attorneys general in all 50 states.

The Florida wrongful foreclosure lawsuit names BAC Home Loans Servicing, a subsidiary of Bank of America; Deutsche Bank National Trust Company, and US Bank National Association as defendants. According to a report in SunSentinal.com, it is not known if plaintiffs in the Florida lawsuit will be able to retake possession of their homes should they convince the court that they were wrongfully foreclosed. Legal experts say it’s highly unlikely the courts would force out new owners of these homes if they had bought them in good faith, as they would have protection under the law. Plaintiffs’ chances might be better if the bank still has possession of the home.

The Florida lawsuit is just one of several wrongful foreclosure lawsuits recently filed across the country. Similar lawsuits, such as one recently filed in Maine, ask for ongoing foreclosures or evictions to be stopped, or monetary damages if the homeowners already have lost their property, SunSentinal.com said.

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