You Don’t Pay, You Don’t Stay? | BofA Refuses To Complete 3-Year Old Foreclosure Process

This post goes out to the “You don’t pay, you don’t stay” crowd…

Would you rather have a “deadbeat” living in the home and maintaining it until the banks take possession or would you rather have people and the properties end up like the one below?

Contact 13 Investigates: Foreclosed but not forgotten

From the report…

In February, 2008 B of A started foreclosure proceedings and sent the Cirillos a notice that they’d set a sale date.

“We decided to go ahead and move before that because we didn’t want to have to deal with waiting for that to happen and people pounding on our door and telling us to pack and move.”

So on June 12, 2008, they moved out, having no idea their name would stay behind.

“It’s financially ruined us. Our credit rating… they report us as being delinquent every month so our credit rating is completely gone. It’s made it very difficult for us to do anything.”

B of A has set eight sale dates on the Cirillo’s home over the last three years.

The most recent note says, “Your home will sell on February 3rd at 10:00 a.m.”

But like all the others, the date came and went, but the house never changed hands.

In the meantime, the Cirillos are being pursued from all angles.

For starters, there’s the HOA.

“They’re fining us–I believe it’s every 14 days–for everything that we’re not doing. They’re fining us for lack of paying dues, for the fact that our landscaping is dying, we’re not taking care of the house.”

The latest statement shows they owe $7,750 on a house they haven’t lived in for nearly three years.

Then there’s the $587 the City of Las Vegas is trying to collect from them for sewer fees, despite the fact that no one’s flushing any toilets or using any drains over there.


“We had a pool and there was some water sitting in the bottom of the pool so the Health Department attached a lien to the property.”

That one was for $127 dollars, and then there’s hazard insurance B of A took out on the home at the Cirillo’s expense.

The bill?

Almost $4,000.

“So this is a dark cloud that you guys just can’t seem to get out from under?” asked Contact 13 Chief Investigator Darcy Spears.

“Apparently not,” Linda says, shaking her head.

When we went back to the house with Mike and Linda, we found a place full of ironies.

Perhaps the most bitter irony is the fact that the Cirillo’s can’t get their name off a house that they can’t even get into.

That’s because B of A changed the front door lock.

Read the full report with video here…


5 Responses to “You Don’t Pay, You Don’t Stay? | BofA Refuses To Complete 3-Year Old Foreclosure Process”
  1. Finch says:


    Bac foreclosed on me and hubby this month,sale for march 1st.

    Only 2 months behind,they sent my check back and thanked me for sending it,then sent another letter saying my check was damaged,then sent another letter saying we needed to pay or they would foreclose.

    These people are nuts!

    We filed Bankrupt on 2/25/2011 so we could stop them.

    im so sick of all this,we put down $50k on our place and been paying really good for 7 years.


  2. talktotennessee says:

    Ms. A: At least your house is in a judicial state. Try living in one where you have no rights. All they have to do is publish in the Daily News and auction your house on the courthouse steps without allowing you the right to go inside and challenge their ownership. I have to pay to sue them. If I could do that I wouldn’t be in this fix over their illegal shenanigans. Bank of America continues to run auctions on my house for 4 years now. but they never go through with the sale, pulling it before it goes up. Of course they don’t have good Title. It is an old Countrywide loan and who knows were the trail ends there. But still what they are doing is stressful, harrassing and plain morally and criminally fraudulent to continue the farce of putting people through this. They don’t pay taxes, insurance or upkeep on the house, forcing me to keep it up but also refuse to short sell it. I have had two contracts to sell and they would accept neither. They put legal fees on it and almost doubled what they say I owe. Yet, they refuse to modify it or cram down the principal or do anything sensible like allow it to be sold. No one will touch refinancing because the value is underwater, so there it sits.

    Thank God the courts are beginning to call these people accountable for their actions in civil courts. Now if we could just get them criminally prosecuted. To think Martha spent time in jail for a lie and there is old Madoff in for life for his Ponzi schemes and yet B of A and their defunct Mozillo buddy are laughing it up with their big fat bonuses for fraud and deception that is destroying the real estate market..
    This is what you get when you have government deregulating the banking industry.

  3. Ms. A. says:

    Looks to me like BAC does not have clear title to the Cirillos’ property and that is why they cannot sell it.

    Similarly, BAC tried to lay claim to my Florida house after my original mortgage servicer, Taylor Bean & Whitaker, was raided and shut down by FBI SIGTARP agents. BAC sent me a letter claiming they were assigned my mortgage. Rather than do business with BAC (the true Evil Empire), I listed my house for short-sale and miraculous had a buyer within a week. I moved out of the house, so I could get settled and put the entire matter behind me.

    BAC then served me with a foreclosure Complaint, to which I filed a Motion to Dismiss. Luckily, I have a lengthy background as a paralegal and knew what to do. BAC’s Complaint was ridiculous: in one paragraph they alleged they were the “owners and holders of the note and mortgage”, and in another paragraph they stated that did not have possession of the note and mortgage because it was “lost or stolen”. A total contradiction that made no sense. A classic David J. Stern Complaint.

    But after 6-months of BAC dragging their feet on approving the short-sale, my buyers cancelled the contract. Then it dawned on me that BAC had no legal authority to foreclose on my house: admittedly, they did not have possession of the mortgage note and, thus, no clear title. With that, I decided to go on the offensive. I moved back into my house, which had gone to seed during my absence. BAC certainly did not send anyone out to tend to the landscaping. And my HOA is trying to stiff me for their legal fees, as Stern served my HOA with a copy of his malicious Complaint and the HOA’s attorney actually filed an Answer.

    Said to say, but once the foreclosure ball gets rolling a plethora of opportunistic sycophants come out of the muck and slime (including the HOAs) to jump on the bandwagon and attempt to gouge out their portion of your flesh. This really exemplifies the massive level of greed that our amoral financial institutions have fostered in our society.

    On Feb. 7, 2011, a hearing was held on my Motion to Dismiss BAC’s foreclosure Complaint and the Court dismissed the Complaint, calling it “repugnant” and “badly written”. The Judge also commented that BAC could not claim possession in one breath and non-possession in another. Clearly, BAC lacked legal standing.

    Unfortunately, the case was dismissed “without prejudice”, which means that BAC gets one more shot to claim dominion over my house. But I will raise no white flag of surrender. BAC and the other Banksters need to be held accountable for their conspiracy to defraud the American homeowner’s. All of those involved should be prosecuted under the RICO Statute.

    I will do all I can to help bring the hammer down on BAC. On March 1, 2011, I have a hearing schedueld on by Motion for Sanctions against BAC and Stern. And I have arranged for a Court Reporter to cover the hearing just to keep everyone honest. BAC has now retained the Orlando law firm of Akerman Senterfitt to represent them. But Stern has not officially withdrawn as BAC’s counse. I can hardly imagine a high-end firm like Akerman co-counseling (or should I say slumming) with a low-end firm like Stern’s. A sign of the times, I suppose.

  4. obam says:

    Take it to the streets people…We are no different than Libya…

  5. Fred Fink says:

    Looks like my neighborhood! Depressing, and just insane.

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