If you recall it, I believe Mr. Barnhart is a Real Estate broker, so even the pros can be duped without even realizing this.
News-Press-
Brian and Holly Barnhart of Cape Coral – who were sold a house by Wells Fargo Bank even though the bank didn’t own the property – have filed a lawsuit alleging fraud and negligence.
The Barnharts, who emptied their life savings to buy the house for $153,000 cash and renovate it for another $80,000, bought the house in November.
But it turned out Wells Fargo had given the house back to its original owner …
Brian and Holly Barnhart thought they were home free when they bought their Cape Coral dream house from Wells Fargo Bank – but the bank didn’t even own the house.
Now the Barnharts, who emptied their life savings to buy the house for $153,000 cash and renovate it for another $80,000, are stuck in limbo along with their two small children and a baby due in July.
If they needed to sell the house, they couldn’t because they never actually owned it, said their Fort Myers-based lawyer, Jack Pankow.
The 2nd District Court of Appeal in Lakeland issued the order Tuesday morning, nearly two weeks after the ACLU filed a petition seeking an intervention in the case of Cape Coral homeowner Georgi Merrigan, who is facing foreclosure.
Lee County Plaintiff Will Be Available For Comment and Interview
April 6, 2011
CONTACT:
ACLU Media Office, (212) 549-2582, media@aclu.org
ACLU of Florida Media Office, (786) 363-2737, media@aclufl.org
Cape Coral – The ACLU Foundation on Thursday will file a Petition for a Writ of Certiorari with the Second District Court of Appeal in Lakeland, Florida, requesting the Court review and rule on the process and procedures used in the “Foreclosure Courts” in the 20th Judicial Circuit of Florida (Charlotte, Collier, Glades, Hendry and Lee Counties).
The Writ alleges serious violations of due process and systemic deficiencies in the “Foreclosure Courts” which result in a loss of protections for homeowners. It requests the Court move the plaintiff’s pending foreclosure action from the “Foreclosure Courts” to regular circuit court proceedings.
The plaintiff in the case is a Cape Coral resident who will be available tomorrow in front of her home at:
The plaintiff will be joined by ACLU of Florida Associate Legal Director Maria Kayanan who will be
able to answer questions about the legal challenge.
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About the ACLU of Florida
The ACLU of Florida is freedom’s watchdog, working daily in the courts, legislatures and communities to
defend individual rights and personal freedoms guaranteed by the Constitution and the Bill of Rights. For
additional information, visit our web site at: www.aclufl.org.
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