I have sent numerous documents, faxes, and E-Mails to the attorneys, Ostrowitz & Ostrowitz. I have recieved no response back from either BCB Bank or their attorneys Ostrowitz & Ostrowitz nor their Head Council Attorney, Rita Mungioli whom is also fully aware of the theft of monies in the amount of $52,728.85 from my account. With back interest, pentalies, as well as punitive damages, the amount far exceeds the initial theft of $52,728.85.
BCB Bank is "stone walling" me through their compromised attorneys (Rita Mungioli and Ostrowitz & Ostrowitz). The Office of Attorney Ethics of Supreme Court of New Jersey states that attorneys whom do not uphold the law are subject to discipline ranging from admonition to disbarment.
Anonymous
Newton,#2Consumer Comment
Mon, October 30, 2017
Jim USA- I greatly appreciate your opinion. In order for BCB bank to forclose on anyones home the bank must meet it's burden under 11 U.S.C 362(d)(2)(A) by showing that BCB bank does not have any equity in the property. Concerning appraisels if one appraisel done by BCB bank lists two bedrooms and 1.5 baths and 2,000 sq. feet and is used in a filing to proceed with foreclosure and BCB employees go to the home and are welcomed inside and take dozens of pictures, they are aware of the interior layout of the home. In this case the home owner had their own apprasel done that states 5,000 sq ft, 4 bedrooms and 6 full baths. This becomes a very serious criminal and civil matter. Because the bank falsified and submitted fradulant documents in order to meet their legal burden under 11 U.S.C 362(d)(2)(A). Then the falsified appraisel by the bank and the true and real appraisel done of the actual home now have a approx. $200,000 difference between them.
I agree with you Jim USA that a bank cannot steal equity but BCB bank in this case tried to march along fully knowing and being made aware with the real appraisel and have been served in many different ways. But because BCB bank would rather spend upwards to $150,000 and up instead of simply following the law. This situation now exists, because BCB bank has been doing this for so long and so many home owners don't have the knowledge nor the monies to fight back. Bank regulators need to do a complete auditing of the paperwork submitted by BCB bank in order to make fiscally whole again the hundreds if not thousands of victims they used the very same criminal and illegal tactics to attempt foreclosure on the home mentioned here.
Jim USA, you are correct in that banks cannot steal equity. But if their appraisel is completely manipulated and illegal and the criminal intent is proven by the fact that BCB banks employees took a couple of dozen pictures of the entire interior of the home and continue to proceed they are illegally foreclosing on a property and if BCB bank is unchecked they inherit the approx. $200,000+ difference in appraisels. In addition the approx. difference between the legal and accuracte appraisel and whats actually owed to BCB bank is approx. $170,000 to $190,000, that in essence is at least what some would call stealing equity!
BCB bank did not steal approx. $60,000 in home equity. They actually stole this money out of an actual account. And that $60K with back interest, with penalties and treble damages could potentally reach $700,000 to $800,000 dollars. Treble damages can be awarded up to 10X the initial monies stolen Jim USA. I greatly appreciate anyone who reaches out to comment on this on-going criminal enterprise by BCB bank.
Jim
Anaheim,#3Consumer Comment
Fri, October 27, 2017
You may be correct, now that we know more. We now know this is not the bank stealing money, which was expressly asserted in the original posting. This is a foreclosure in which you and the poster claim equity in the property that may or may not exist. Since equity values are subjective, to claim the bank "stole" equity is incorrect. Banks cannot "steal" equity. The bank hired an appraiser who valued the property and the bank's attorneys are going with the information they were provided. You probably have your own appraiser who valued the property $50K more than the bank did. Each appraiser came to their conclusion based on both the property and similar sales in the area. One probably considered foreclosure sales and yours probably did not. I can tell you prior to 2008, no appraiser would have used foreclosed sales as part of property comps. Today, they pretty much have to, and the court will utilize the appraisal which includes foreclosure and even short sales. Doesn't seem fair, but it is what it is.
I won't even get into the reason why you're in foreclosure - there are others here who would argue that had you made your mortgage payments, you wouldn't be in this mess in the first place. However, this is New Jersey and the entire state has been in a funk for years, so I get it. You blame the bank and that's easy to do because they're faceless and seemingly souless when it comes to situations like this. You want the bank to consider your family situation and act in a compassionate way. It doesn't work that way.
There is a mortgage contract in place in which you are provided a loan to purchase a home in exchange for your ability to make payments regardless of the situation. The contract also calls out when one party is in breach of the agreement and the court is going to decide based upon the wording in the contract. The bank's attorneys are acting in accordance with the agreement and they do their job well. You're doing your best as well to counter what the attorneys are saying, but at the end of the day, the court will opt to choose the appraisal that most closely resembles what they think the law or the contract says it should. They will not rely on Zillow or any other online assessment of your property. They will rely on what each appraiser says. Best of luck to you....
Anonymous
Newton,#4Consumer Comment
Fri, October 27, 2017
Jim USA, I live in North Jersey and have dealt with BCB Bank as well. One of their "in house" attorneys will atest too and sign their name on anything that BCB Bank puts on the attorneys desk. Unfortunately not all but many attorneys that represent BCB Bank and others use their license to practice law like guns for hire. Even with an attorney BCB Bank will out spend you and your attorney by upwards to a hundred thousand dollars and sometimes more. You cannot walk into a police station to file a report against BCB Bank or their attorneys. You are forced to go through Trenton, NJ and file paperwork with the Legal Ethics Commity that oversees New Jersey attorneys. It may take up to two years just to get a attorney reprimanded. I have called the prosecutors office in Hudson County and no matter what proofs and documentation I have they tell me that it is a civil matter unfortunately. But at least we can make our suffering at the hands of BCB Bank known on this website. From what I have been reading online BCB Bank can no longer keep burying their criminal enterprise behind all of their corrupt attorneys.
#5Author of original report
Fri, October 27, 2017
Why didn't BCB Bank acknowledge the indisputable documents that my family has provided through an attorney when they illegally forclosed on our home? The answer is simple: BCB Bank would rather pay their attorneys hundreds of thousands of dollars to steam roll any victims that come forth. That is why so many home owners would rather give up and walk away than have to pay thousands of dollars in attorney fees, to be put through a FINANCALLY CORRUPT MEAT GRINDER. Thanks to this website BCB Bank and all their over paid attorneys whom are willing to lie, produce false documents and perjure themselves. (CAN BE BROUGHT TO JUSTICE!!)
BCB Community Bank
Bayonne,#6UPDATE Employee
Thu, October 26, 2017
BCB Community Bank and its employees, attorneys and agents ("BCB") comply with all federal and state banking regulations as well as all consumer protection laws. BCB expressly denies the alligation of theft of any monies. If the author of the post is concerned with alleged actions taken by BCB, the author is encouraged to seek legal counsel who may advise of the author's rights and obligations.
Jim
Anaheim,#7Consumer Comment
Tue, October 24, 2017
Please don't tell me you're trying to do this yourself. Please tell me you have an attorney. If you don't, you're going to lose about $52,728.85.