Ohio Bank Still REFUSING TO PAY For STEALING Everything From Woman's Home

[Segami]

Banks entitled to be above the Law!!
Who does the Bank think should pay for THEIR mistake??...


The Ohio bank that broke into a woman's home and mistakenly took all her possessions is apologizing—but not paying her for her stuff. First National Bank of Wellston admits that it had no right to be in Katie Barnett's home, since it was her neighbor who was being foreclosed. But the bank doesn't think it should have to pay for everything it took and trashed, sold, or gave away:

“(They) demanded that I had receipts for all my stuff that they threw away,” Barnett said. “And I said, ‘Well, you know first of all, I don’t have receipts for all of my stuff. I wasn’t expected a bank to come and to accidently repossess my house and throw it all away. And second, if I did, where do you think it would be? In my house with all my belongings?’”

http://www.10tv.com/content/stories/2013/07/26/wellston-bank-issues-statement-about-home-it-wrongfully-foreclosed-upon-balks-at-paying-up.html

Seriously. Should we all have to keep receipts for everything we buy in case a bank breaks into our homes and steals everything? And do we have to keep the receipts in safe deposit boxes at that, to be sure those aren't stolen, too? I guess all those safe deposit boxes would be a big new source of income for banks like First National, so probably the bank's officers think that's a reasonable solution. If you needed an exhibit of just how above the law banks have become, this is it. First National Bank broke into Katie Barnett's house and stole all her things, and not only are we not talking about someone going to jail, but the bank is being allowed to quibble over whether it will pay her back for the full value of what it stole.


http://www.dailykos.com/story/2013/07/29/1227453/-Ohio-bank-still-refusing-to-pay-for-stealing-everything-from-woman-s-home



SIGN PETITION:

Tell First National Bank to pay Katie Barnett restitution for breaking into her house


"I don’t have receipts for all of my stuff. I wasn’t expecting a bank to come and to accidently repossess my house and throw it all away. And second, if I did, where do you think it would be? In my house with all my belongings?"

- Katie Barnett of McArthur, Ohio


Sign our petition to Eric Emmert, president and CEO of First National Bank of Wellston, demanding that they reimburse a minimum of $18,000 to Katie Barnett.


http://campaigns.dailykos.com/p/dia/action3/common/public/?action_KEY=510

[Gravitycollapse]

1. K&R and signed.

[think]

2. Signed. The Bank should be prosecuted for theft

[DontTreadOnMe]

3. Where are all the lawyers in the country? This is the easiest case in the world to win!

I would sue for well OVER $18,000!!!!
Hey, where are my irreplaceable family photos? They are worth $50K alone...

[Segami]

7. And the First National Bank of Wellston...

ADMITTED THEY HAD NO RIGHT!....But they still contend they shouldn't have to pay for damages and loss of personal property.

First National Bank of Wellston admits that it had no right to be in Katie Barnett's home, since it was her neighbor who was being foreclosed. But the bank doesn't think it should have to pay for everything it took and trashed, sold, or gave away:

Unbelievable!!!

[FreakinDJ]

11. Duress, Punitive Damages .... Easy 1 or 2 $Million

[Faryn Balyncd]

54. +1

[Swagman]

25. this was just a burglary

why aren't lawyers queuing at her door ?

forget the $18K...damages, damages, damages

[former9thward]

58. Why aren't there lawyers?

We are hearing one side. Since there doesn't seem to be any suits in the works I guarantee there are things we are not being told.

[PDJane]

4. Done. If they don't pay up, I would sue.......

Incompetence added to avarice added to outright stupidity..........Lord and Lady.

[ThoughtCriminal]

5. Does the bank really want a jury to decide this?

They might figure $18 thousand would cover it. And then $20-50 million punitive.

So, how are Ohio courts when this sort of thing happens?

[kas125]

24. I don't see how $18,000 can even begin to pay for all the things in a family's home.

I'd be asking for a hell of a lot more than that if I were her.

[Curmudgeoness]

50. I agree.

I am sitting here looking around my living room, and the amount of money it would take to replace everything in this one room might get close to that.....and I do not have the highest priced furnishings and décor.

[Buns_of_Fire]

32. I can see it now. First, they'd have to change their letterheads:

[center]First National Bank of Wellston
A wholly-owned subsidiary of Katie Barnett, Inc.[\center]

Well, probably not that extreme, but if she got herself a lawyer who really enjoys going for the jugular, she could well wind up with a LOT more than the $18,000 in replacement costs.

The bank could always write it off as just another Cost of Doing Stupid Business.

[former9thward]

59. Judges don't allow those type of awards.

Even if the juries return them. Judges will always reduce an award to what the law will allow. But what is odd about this case is that there does not seem to be any lawyers or lawsuits.

[burnodo]

6. That this is even allowable is a damnation of this country

If it was thieves, she'd get an insurance settlement...it's the bank? "Woops! Sorry. No, we don't do responsibility."

[theHandpuppet]

12. Amen to that!

Guess that shows us who's really in charge, huh?

[dickthegrouch]

8. The steps I would take

Find out who signed the repossession order
Find out which Judge signed the repossession order
Find out which Deputies supervised the break-in (signed-off on the repossession)

Demand the cops arrest each one of them for grand theft, and
Sue every single one of them as Individuals for the entire value of everything lost, times three since they are all obviously running a racketeering organization.

[kestrel91316]

9. ^^^THIS^^^

[Segami]

10. +1000

[Orrex]

36. I agree with all of that, but how in the world would someone go about doing it?

[dickthegrouch]

43. Go to the court

All these should be public records, the Foreclosure paperwork, the court judgement agreeing to the foreclosure. Even the eviction and foreclosure should all be overseen by the court and court officers. Both sets of paperwork should be obtained (the erroneous and the intended foreclosure properties). Whoever made the mistake of using 60 South Street instead of 63 South Street (or whatever the actual addresses involved are), is the most culpable.

Every piece of paper should have been signed by the person who now needs to be sued.

Slap a Civil damages suit on the bank for $1,000,000 and demand the bank produce all its foreclosure paperwork. Everything should have been executed (signed AND dated) correctly for the process to to be valid. Any mistake makes the person that signed the form that much more liable.

[Orrex]

45. My (perhaps incorrect) understanding is that it was due to a mistaken address

If that's the case, then it would seem that she'll be hard-pressed to assign liability to anyone beyond the person or agency who was charged with verifying the physical address while on-site.

If the judge approved foreclosure of the correct address, then I can't imagine that he or she will be found liable in any way. It's also likely that the bank worked through a subcontractor, so the bank itself will likely be insulated from liability.


Don't get me wrong--my personal feeling is that everyone involved should be held criminally liable in the same way that the victim would be liable if she'd broken into, cleaned out & sold the bank president's home. She should be rendered financially secure for life IMO, and the bank should be charged with every applicable crime.

However, I know that banks spend billions on lawyers to protect them from accountability, so I will be amazed if the victim receives anything approaching appropriate compensation.

[MsPithy]

51. She must name everyone involved, including the truck drivers, the cops

and the dump or resale, or pawn, or wherever they took her stuff. That is the only way to prevent the bank from blaming anyone unnamed in her lawsuit, it's called the empty saddle defense.

It is also the way to make those involved turn on each other.

[Spitfire of ATJ]

13. I'd get her some protection FAST before she ends up as a Jane Doe in another state.

[azureblue]

14. of course she doesn't have receipts

they were inside the house, with the rest of her belongings that were stolen. Jeez, doesn't the bank even stop to think before they say something stupid?

[lastlib]

18. (see #17).......

[AtheistCrusader]

15. $18K is a downright BARGAIN considering what they did.

[daleanime]

16. K&R....

It would be cheap at twice the price, just to get rid of the bad image the banks getting.

[lastlib]

17. And if she put the receipts for her stuff in a *bank* safe-deposit box.....

...Guess who would have them???!? DUH-uh.........

[Oldtimeralso]

19. K & R

If corporations are people have the police arrest the bank and shut the business until a bond is posted and not from other peoples assets that have been deposited.

Then the break in was a conspiracy to commit a felony by the person who ordered the act and the persons that committed the actual felony.

Who does the law serve and protect?

[HiPointDem]

20. kr. if my friend asked me to come & take away their furniture & i went into the neighbor's &

took theirs instead, not only would i have to pay for the stuff, i'd be in jail.

why do the banksters not go to jail? how do they get to just give 'an apology' & expect to walk?

'personal responsibility' never applies to the 1%.

[eppur_se_muova]

37. ^THIS^ is the question I want answered.

They had legal grounds to enter one house. As soon as they entered another, they were in violation of the law. Charge them with breaking and entering, burglary, theft, posession of stolen goods.

If repossesors believe that occasionally getting the wrong house is just part of the job, they should learn that occasionally going to jail is too.

[Pelican]

21. So... I'm not sure...

.. if it's only in the DU echo chamber or if this story is getting real national attention.

If it's the first, I can see why they are holding out. Intimidation and lawyers will do what they can...

If it's the second, with media on a national scale, 18K seems like a deal. It's just very strange...

[Swagman]

26. I also think it's beyond strange

$18K is so damned cheap considering the potential damage that can result...get thee to a lawyer quick smart.

[GreenStormCloud]

35. The story is running in TIME, USA TODAY,...

Huffington Post, ABC, RTT, FOX, and dozens of other hits on Google News. I googled bank forclosed wrong home

[petronius]

22. What I would really like to see is for a creative judge to identify everyone involved

in the 'error' - from the bank president on down - and order movers in to remove every scrap of property from their homes. With no warning, and no chance to remove a single thing. Take it all to a storage facility, and let Ms. Barnett do whatever she wants with it, sell it, keep it, shred it, whatever. Of course, the removal and storage would be billed to the bank...

[Faryn Balyncd]

55. That's the ticket

[joeunderdog]

56. That, and let's all send her as many receipts as we can. Ring up the bill to the max.

Start a receipt fund. Aim for a million+.

[petronius]

57. That would be a big help, I bet! I really thought her $18k estimate was

far too low - even if a lot of what she had in her house was old, or gifted, or just no longer in use, replacing it all in one swoop could really add up. I remember the first time I did one of those estimates back in grad school for renter's insurance, and even though I lived in squalor at the time, once you start counting books on the shelf, dishes in the cabinet, jeans in the drawer, the bike, the sheet sets and comforters, the couch, the bed, the toolbox, etc ... it adds up shockingly.

[concreteblue]

23. cALL THE doj and oHIO ag....

SHouldn't we be calling the D.O.J. and the Ohio AG? If enough people raise hell, you would think they would have to do SOMETHING........it is apparent the bank does not give a shit if anyone is pissed.

[GiaGiovanni]

27. Perhaps Eric Emmert and his bank should be posted all over social media

Sometimes the exposure can shame these types into it.

[Jenoch]

28. I don't know if any DUers

would want such information, but here it is:


First National Bank in Wellston
Customer Service:
Wellston Office (Phone) 740-384-2146
Toll Free: 877-684-2146
Jackson Office (Phone) 740-286-6773

[e-mail]

[Lancero]

29. At least the bank is trying...

To make up for there mistakes.

They've offered to replace her bowflex ultimate home gym with one they found laying on the side of the road.

[Downtown Hound]

30. Well, I would now be suing for much more than the cost of my items

I'd add quite a bit for emotional stress and lost time as well. I would tell them that that $18,000 offer went out the window the minute they decided to be royal assholes. Price goes up the more you wait.

[KansDem]

31. Just curious: If this were Texas...

Texas has an SYG law for thefts. Consider the recent incident where an escort was killed for taking a client's fee and not providing the service:

Jury Acquits Texas Man For Murder Of Escort Who Refused Sex

What if this incident with the bank happened in Texas?

Just curious...

[GreenStormCloud]

34. That wasn't an SYG shooting.

Texas also allows you to recover items that have been stolen from you, using gunfire if necessary.

[KansDem]

38. Well, it's a good think this theft didn't happen in Texas

For the bankers, anyway.

[Enthusiast]

33. Kicked and Recommended! Signed.......nt

[Vinnie From Indy]

39. My letter to the bank Prez

Dear Sirs:

You people must be so proud to have received such enormous publicity on the Internet. Maybe you can use the Katie Barnett incident to rework your bank's slogan or tagline. Right off the bat, you can probably move away from things like "The Friendly Bank" or "A Bank With A Heart" and more towards "Damn! It Feels Good To Be A Banksta!". Please feel free to use that last suggestion in your ads. Also, how much will you charge me to get a few Wellston Bank business cards with my name on them? My neighbor has a riding lawn mower that I would love to get my hands on, but I need a get out of jail free card of some sort. I figure that if your employees can burglarize homes with impugnity, maybe it will work for me. Please advise!

Regards,

V

[greatlaurel]

40. Ohio AG Dewine is too busy harassing a dying man and his spouse to help.

Ohio AG Mike Dewine is too busy harassing a dying man and his spouse to actually look out for Ohio citizens who need help.

This woman will most likely get little if any compensation. Ohio passed tort reform using the hype over the McDonald's hot coffee law suit, so any compensation she would get from a lawsuit is strictly limited under state law. If any Ohio attorneys know what the limits are, please correct me if I am wrong.

Meanwhile, how do you put your life back together after having everything stolen? Clothing, kitchen utensils, a bed and blankets etc... how do you replace all that to get up and operating again? Just getting clothing to go to your job is a major expense. This bank president should be falling all over himself to make this right. Because it is a small town in southeastern Ohio, he knows he is one of the most important people in town, so nothing will happen to him. Is he closely tied to the local coal industry? I'll bet he is. Those people can do no wrong in this neck of the woods. I know Wellston and Jackson County. This poor woman had better watch her back.

The Jackson County law enforcement is notorious for corruption. That can be said of about every sheriff's department in Ohio. Ohio is one of the very few home rule states which means there is no state oversight on local authorities. Home rule is an open invitation for corruption at the local government level. Thus, Ohio has become notorious for our corrupt members of Congress. The ones that stay at the state legislature level never get the federal oversight that will put them in jail. Although, we currently have a member of the state legislature who is under federal investigation (Beck, if I remember correctly) for financial fraud that could land him in jail.

[KinMd]

41. The bank will settle with her soon

they don't want to take this to a jury, plus the bad publicity isn't goodd

[magical thyme]

42. Petition signed, canned letter edited

I wasn't nearly as polite as their canned letter. '

I hope she sues their asses from here to kingdom come and ends up with 20-fold or better.

[Pretzel_Warrior]

44. If she wants to really raise the level, she should walk into one of their branches with video ca era

And witnesses and demand to speak to the senior management and start taking bank furniture, plants, and other objects out of the bank.

I doubt she would do it, but it will make the point.

[Warpy]

46. They want her to jump through the hoops and sue them

and they hope she contracts a loathsome disease and dies before she sees a dime.

They think they stole her life away from her fair and square. They're the BANK.

[RVN VET]

47. I don't cotton to 2nd amendment solutions

But if it was my house they busted and robbed, I might just make an exception.

More than that, if the State is powerless to take care of this woman and get the bank to pay her, what the hell good is the State?

[RebelOne]

48. Signed. n/t

[AnotherDreamWeaver]

49. I tried to send a note via dailykos but the mail didn't go through

I got this back:

Delivery has failed to these recipients or groups:

[e-mail]
The email address you entered couldn't be found. Please check the recipient's email address and try to resend the message. If the problem continues, please contact your helpdesk.

[Faryn Balyncd]

52. Eric Emmert & William Kimbel should be arrested, held without bail, & prosecuted for running their

...criminal enterprise, Midwest Bancshares, Inc., the holding company for their theft & money laundering operation.


http://investing.businessweek.com/research/stocks/snapshot/snapshot.asp?ticker=MDWE


Any DA that does not immediately act to charge these criminals is in violation of his or her oath of office.

[dembotoz]

53. maybe the bank has an ace in the hole--up in west bend wisconsin the local judge was married to one

of the bank directors

the fact that records show that this judge NEVER ruled against the bank was just because--well the other side was ALWAYS wrong.

Crime does pay
this Bitch judge (Ziegler) is now on the state supreme court.

Maybe like in west bend Wisconsin
the bank has nothing to fear......

[edbermac]

60. What if someone gave her a birthday/Xmas gift that was repossesed?

Is she supposed to have a receipt for that?