BankAmerica Takes Possession of Wrong House and Parrot.

Posted By Cliff Tuttle | March 9, 2010

The Pittsburgh Tribune Review reports that a contractor for BankAmerica entered a house that it thought it had acquired through a sheriff sale, removing the personal property, including the owner’s parrot.

The Complaint asserts numerous causes of action.  However, the case is a slam dunk and the only issues is the amount of damages.  After a mortgage foreclosure (which hadn’t happened) and sheriff sale, if the former owner doesn’t remove, the plaintiff must file a new suit to gain possession and obtain a judgment. Then it must obtain a writ of possession, deliver it to the sheriff and wait for the date that the sheriff schedules for eviction.

The only defense, if you can call it one, is that BA made an honest mistake.  Unfortunately, no matter how you slice it, one or more of the defendants (essentially BA and its contractors) was negligent.

So BA is going to pay.  You can take that to the bank.

CLT

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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