Oh, yes! Plenty of precedent for bad behavior -not so much for recovering damages.I just wanna know if there is any precedent for this type of behavior?
Your case is excellent; but many of us don't have great facts on our side. We were lulled into a false sense of security by the HAMP rules we naively believed the banks would follow. In my own case, US Bank told me in writing they wouldn't foreclose for 30 days. The house was sold at the Sheriff's Sale 8 days later, without further notice.
It has taken months, but we are now being reviewed for the HAMP mod (clearly eligible) and the sale will be rescinded when we accept the terms. We aren't done yet, and I am not fooled. There is equity in the house for the benefit of the bank. We can't afford attorney to take it on - and so my only help was here on this Forum. By now, you know the value of it for yourself!
Most people need the loan mods - and we are constantly told that the Banks don't want to foreclose. It seemed like a good plan - pay the banks to modify the loans, people keep their homes, and we all win! Except the incentives are all wrong.
The Servicers get paid more for foreclosure activities than for modifications. The banks are protected by mortgage insurance and 'loss sharing' arrangements. What do the homeowners get? Predatory lending; the promise of loan mods (that don't materialize); scam artists that charge for loan mods and then disappear with your money; misleading and/or fraudulent advice from the servicers; and State Court judges who hear nothing after 'delinquency' is admitted. We are in a very challenging situation - without a lot of help, in many cases.
I agree that a good attorney is indispensable-if you can afford one; and that too many people just cave early on. BUT, I understand why people give up. Many of us are too ashamed to fight it if we are behind on the payments, and feel we 'deserve' it. We didn't know how well this has all been crafted to take the homes of people who only need a little forbearance, a little extra time, a little less predation. We are worn out, stressed out and broke. Sometimes it just gets to be too much, and we give the house back to the bank.
There are countless stories on this Forum of the health effects of this foreclosure mess - it takes a terrible toll; as you have seen in your own house. I dare say that $50,000 to move out by February 8th would NOT be enough! I hope that you are able to recoup some of your expenses, keep your home, and get a lot of extra money for what you have been through. Many on this Forum are cheering you on, and I am among them.