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	Comments on: About that &#8220;Mnuchin&#8217;s bank foreclosed on widow over 27 cents&#8221; tale	</title>
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	<link>https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Tue, 14 Feb 2017 10:08:16 +0000</lastBuildDate>
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	<item>
		<title>
		By: Kenneth		</title>
		<link>https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-344268</link>

		<dc:creator><![CDATA[Kenneth]]></dc:creator>
		<pubDate>Tue, 14 Feb 2017 10:08:16 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=62812#comment-344268</guid>

					<description><![CDATA[A couple of comments compared the incident to someone robbing their home. It is not the same thing. The incident with the home  was a billing error, the act of robbery is a conscious decision. You can&#039;t compare restitution for a crime to settling a claim over a mistake. Putting that all aside, it never actually happened, her home was never foreclosed on, she still lives there,and Mnuchin had nothing to do with it in the first place.]]></description>
			<content:encoded><![CDATA[<p>A couple of comments compared the incident to someone robbing their home. It is not the same thing. The incident with the home  was a billing error, the act of robbery is a conscious decision. You can&#8217;t compare restitution for a crime to settling a claim over a mistake. Putting that all aside, it never actually happened, her home was never foreclosed on, she still lives there,and Mnuchin had nothing to do with it in the first place.</p>
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		<title>
		By: Jim Mehalick		</title>
		<link>https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343973</link>

		<dc:creator><![CDATA[Jim Mehalick]]></dc:creator>
		<pubDate>Fri, 27 Jan 2017 01:04:33 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=62812#comment-343973</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343876&quot;&gt;Jim Collins&lt;/a&gt;.

It&#039;s the lefts alternative facts!]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343876">Jim Collins</a>.</p>
<p>It&#8217;s the lefts alternative facts!</p>
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		<title>
		By: Ted F		</title>
		<link>https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343923</link>

		<dc:creator><![CDATA[Ted F]]></dc:creator>
		<pubDate>Mon, 23 Jan 2017 23:53:08 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=62812#comment-343923</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343878&quot;&gt;mx&lt;/a&gt;.

Neither lawsuit was &quot;over nothing.&quot; HUD has very strict regulations requiring rapid foreclosure for the breaches the bank reasonably believed the homeowner committed. The first lawsuit over residency was resolved without lawyers in 28 days. 2014 and 2016 are not &quot;within a year.&quot;]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343878">mx</a>.</p>
<p>Neither lawsuit was &#8220;over nothing.&#8221; HUD has very strict regulations requiring rapid foreclosure for the breaches the bank reasonably believed the homeowner committed. The first lawsuit over residency was resolved without lawyers in 28 days. 2014 and 2016 are not &#8220;within a year.&#8221;</p>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343892</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Sat, 21 Jan 2017 22:19:30 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=62812#comment-343892</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343889&quot;&gt;Elliot B.&lt;/a&gt;.

1.  The story that was circulated was that they did foreclose, not that they attempted to foreclose.  Not the same thing.

2.  Those pushing the story were deliberately attempting to put responsibility for the foreclosure on Mnuchin.  The reality is, it is quite unlikely that anyone on the BOD was aware of the attempt to foreclose until after it went south and the bank was facing a counter claim on which they would almost certainly lose.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343889">Elliot B.</a>.</p>
<p>1.  The story that was circulated was that they did foreclose, not that they attempted to foreclose.  Not the same thing.</p>
<p>2.  Those pushing the story were deliberately attempting to put responsibility for the foreclosure on Mnuchin.  The reality is, it is quite unlikely that anyone on the BOD was aware of the attempt to foreclose until after it went south and the bank was facing a counter claim on which they would almost certainly lose.</p>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343891</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Sat, 21 Jan 2017 16:17:28 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=62812#comment-343891</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343886&quot;&gt;mx&lt;/a&gt;.

Another important point missed is that Mnuchin was only a member of the board of directors.  The BOD sets high level policy, budgets, salaries for executive level positions, and bonuses.  However, the BOD has little to no control over the day to day operations of the company.

It&#039;s doubtful that the BOD was even aware of the filing before it became clear that she was going to win her counter claim and the bank was going to have to pay her money.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343886">mx</a>.</p>
<p>Another important point missed is that Mnuchin was only a member of the board of directors.  The BOD sets high level policy, budgets, salaries for executive level positions, and bonuses.  However, the BOD has little to no control over the day to day operations of the company.</p>
<p>It&#8217;s doubtful that the BOD was even aware of the filing before it became clear that she was going to win her counter claim and the bank was going to have to pay her money.</p>
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		<title>
		By: Elliot B.		</title>
		<link>https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343889</link>

		<dc:creator><![CDATA[Elliot B.]]></dc:creator>
		<pubDate>Sat, 21 Jan 2017 13:55:01 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=62812#comment-343889</guid>

					<description><![CDATA[Well beyond any doubt, yet that doesn&#039;t refute the reality they documented to dispossess in any case. On the off chance that I find you attempting to victimize my home and you end up being detained and paying me compensation for the things you broke, despite everything it doesn&#039;t delete the way that you were attempting to ransack my home.]]></description>
			<content:encoded><![CDATA[<p>Well beyond any doubt, yet that doesn&#8217;t refute the reality they documented to dispossess in any case. On the off chance that I find you attempting to victimize my home and you end up being detained and paying me compensation for the things you broke, despite everything it doesn&#8217;t delete the way that you were attempting to ransack my home.</p>
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		<title>
		By: mx		</title>
		<link>https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343886</link>

		<dc:creator><![CDATA[mx]]></dc:creator>
		<pubDate>Sat, 21 Jan 2017 04:59:20 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=62812#comment-343886</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343882&quot;&gt;MattS&lt;/a&gt;.

Well sure, but that doesn&#039;t negate the fact they filed to foreclose in the first place. If I catch you trying to rob my house and you wind up being imprisoned and paying me restitution for the things you broke, it still doesn&#039;t erase the fact that you were trying to rob my house. 

The problem is that they filed to foreclose over 27 cents, not that they didn&#039;t actually complete the process. I do think the Politico article is very sloppy on that fact, pointing out in one place that the bank (which had already merged at that point) &quot;filed to take&quot; the house but elsewhere saying &quot;the bank foreclosed&quot; (also messing up the timeline), without being clear that the bank filed but didn&#039;t ultimately take the house.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343882">MattS</a>.</p>
<p>Well sure, but that doesn&#8217;t negate the fact they filed to foreclose in the first place. If I catch you trying to rob my house and you wind up being imprisoned and paying me restitution for the things you broke, it still doesn&#8217;t erase the fact that you were trying to rob my house. </p>
<p>The problem is that they filed to foreclose over 27 cents, not that they didn&#8217;t actually complete the process. I do think the Politico article is very sloppy on that fact, pointing out in one place that the bank (which had already merged at that point) &#8220;filed to take&#8221; the house but elsewhere saying &#8220;the bank foreclosed&#8221; (also messing up the timeline), without being clear that the bank filed but didn&#8217;t ultimately take the house.</p>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343885</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Sat, 21 Jan 2017 04:14:55 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=62812#comment-343885</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343883&quot;&gt;ColoComment&lt;/a&gt;.

&lt;blockquote&gt;This episode, to the extent that it’s true&lt;/blockquote&gt;

Which it isn&#039;t very.  There is a tiny kernel of truth behind it, but it&#039;s just that, tiny.

&lt;blockquote&gt;or may be charged to Mnuchin’s responsibility &lt;/blockquote&gt;

Which is approximately zero.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343883">ColoComment</a>.</p>
<blockquote><p>This episode, to the extent that it’s true</p></blockquote>
<p>Which it isn&#8217;t very.  There is a tiny kernel of truth behind it, but it&#8217;s just that, tiny.</p>
<blockquote><p>or may be charged to Mnuchin’s responsibility </p></blockquote>
<p>Which is approximately zero.</p>
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		<title>
		By: ColoComment		</title>
		<link>https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343883</link>

		<dc:creator><![CDATA[ColoComment]]></dc:creator>
		<pubDate>Fri, 20 Jan 2017 22:24:28 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=62812#comment-343883</guid>

					<description><![CDATA[This episode, to the extent that it&#039;s true or may be charged to Mnuchin&#039;s responsibility should count against his suitability to head the Treasury Department to the same degree that a nominee&#039;s personal failure to pay his due and owing federal income taxes would be/was.]]></description>
			<content:encoded><![CDATA[<p>This episode, to the extent that it&#8217;s true or may be charged to Mnuchin&#8217;s responsibility should count against his suitability to head the Treasury Department to the same degree that a nominee&#8217;s personal failure to pay his due and owing federal income taxes would be/was.</p>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343882</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Fri, 20 Jan 2017 22:16:56 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=62812#comment-343882</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343878&quot;&gt;mx&lt;/a&gt;.

&lt;blockquote&gt;
To say that “No court permits that kind of foreclosure, and banks lose money on the deal” ignores the fact that the bank filed it anyway, forcing a 90-year-old woman to once again get legal aid to fight the bank’s mistake and keep her home. That the bank would do so out of stupidity rather than a pure profit motive is perhaps even worse.
&lt;/blockquote&gt;

Your comment ignores that fact that not only did the court &lt;strong&gt;not&lt;/strong&gt; allow the foreclosure, The woman has a counter claim against the bank which the bank has offered to pay her to settle.  The only thing left to be decided is how much it&#039;s going to cost the bank.,]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/01/mnuchins-bank-foreclosed-widow-27-cents-tale/comment-page-1/#comment-343878">mx</a>.</p>
<blockquote><p>
To say that “No court permits that kind of foreclosure, and banks lose money on the deal” ignores the fact that the bank filed it anyway, forcing a 90-year-old woman to once again get legal aid to fight the bank’s mistake and keep her home. That the bank would do so out of stupidity rather than a pure profit motive is perhaps even worse.
</p></blockquote>
<p>Your comment ignores that fact that not only did the court <strong>not</strong> allow the foreclosure, The woman has a counter claim against the bank which the bank has offered to pay her to settle.  The only thing left to be decided is how much it&#8217;s going to cost the bank.,</p>
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