It does not matter what was in the condo. No matter how rich or poor. It is their personal belongings that were unrightfully, illegally taken from them. Even if it was just a keepsake of a family member, a simple trinket of a memory. It is about owning up and taking responsibility. This type of arrogance by the banks and their thugs needs to stop. If not, next time it could be you. Who is to stop them?
“I don’t think anything excuses the fact that there was a mistake and that damage should be paid for,” Marquis said. What must be determined now is how much is the mistake worth?
“My clients made a potential offer, I think, of $5,000, but she came back and is asking for $200,000 and that’s not going to happen,”
Last time it cost the fraudsters allot of money.
Here is a link to the actual case file in the Countrywide Home Loans v. Thitchener case and the story behind it.
This is the case that awarded the family 3.4 million for the same type of tactics. It was eventually reduced to $1.29 million. Yes, they sold the home in the above referenced case, but were still liable for the owners personal property and punitive damages.
Attorney Claims Woman is Inflating her Loss in Foreclosure Mix Up
Attorney Albert Marquis represents the Brenkus Team.
Nilly Mauck claims she has lost everything.
LAS VEGAS — A Las Vegas woman’s story of losing everything because of a foreclosure mix up is now being disputed.
8 News Now reported Nilly Mauck’s story Monday. Mauck said a mix up in addresses caused a local realtor to think her condominium was a foreclosure and had all of her belongings removed.
Now, an attorney for the realtor involved in the case is speaking out. The attorney and realty group believe the victim is trying to get more bang for her buck because of an obvious mistake by the realty group. However, there now appears to be even more confusion over a set of pictures of the apartment before it was cleared.
“Over here I had my couch and my chair and my dining room table over here,” said Mauck as she points where her furniture used to be located. She says Brenkus Team, a real estate group, is to blame because they wrongfully “trashed out” her home. The term is used when a home is cleared of everything inside due to a foreclosure. In this case, Mauck says it was her neighbor’s condo that was in foreclosure, not hers.
“There was no food, no clothes in the closet. It looked like the people had moved out so that’s why they thought they had the right place,” said Albert Marquis who represents the Brenkus Team. “I don’t think anything excuses the fact that there was a mistake and that damage should be paid for,” Marquis said. What must be determined now is how much is the mistake worth?
“My clients made a potential offer, I think, of $5,000, but she came back and is asking for $200,000 and that’s not going to happen,” he said.
But before even that can be settled, there is another area of dispute involving the contents in the condominium.
“This is Mrs. Mauck’s condo before they cleaned these things out,” said Marquis, who sent out a series of photos by way of a public relations firm to 8 News Now. He claims the pictures are of Mauck’s home and they show it is vacant with the exception of a few items scattered about.
They are much different that the pictures that Mauck has which show a furnished home.
“You’ve got that there and you’ve got more pictures there. How do you explain these? I was told that these were all immediately before they’re might be a few that are immediately after okay. But these are these, pictures of place that somebody already moved out,” Marquis said.
8 News Now examined the photos and noticed that the layout of the kitchens was different in each photo. Also, one photo in the series shows a different condo number. 8 News Now asked Marquis about the differences in the photos and he didn’t have an answer. He believes the victim is looking for a hefty payout. “It’s like someone being in an auto accident and then faking their injuries in order to increase their damages,” Mauck said.
Mauck says she only wants her possessions back or to be compensated. “If they really took it to the dump, I don’t think I will ever get any of those back. I don’t even want to come back to this place anymore,” she said.
The attorney told 8 News Now he is planning to look into the discrepancies of the photos.