Charlie and Maria Cardoso managed to do something few homeowners can: They own their vacation home in Florida outright, with no mortgage. But that didn’t stop Bank of America from kicking out a tenant who was renting the house, tossing out the Cardosos’ possessions, and, yes, foreclosing on the debt-free home.

According to South Coast Today:

Charlie P. and Maria C. Cardoso said in the lawsuit they own the property in Florida free and clear of any mortgage and have never had a mortgage with Bank of America/Countrywide on the home. …

The house was being rented at the time to a single mother with two teenage sons, who moved out because they were “intimidated” by the foreclosure proceedings, according to court documents.

Charlie Cardoso is currently laid off from his job in the construction industry and his wife is disabled, according to court documents.

Christina Beyer, a Bank of America spokeswoman, would not comment Wednesday night, saying it is their policy not to discuss pending litigation.

Cardoso is suing Bank of America over the foreclosure. In the suit, he says that he “received a call from the tenant, who said in a panic there were three people at the house from the bank and they were there to foreclose, clean out the house and place padlocks on the doors.” Cardoso managed to reach the agent on the phone to explain that he didn’t have a mortgage on the house, but BofA foreclosed anyhow.

In order to take back his home, Cardoso had to drive from his home in Massachusetts, convince police that he was the rightful owner of the vaction house, and break down the door. When he finally got in, he found that the pipes had frozen, his power tools were gone, and the water and electricity had been turned off.

At least he wasn’t stuck with 75 pounds of rotting fish.

Couple claims Bank of America seized the wrong house [The Standard-Times]

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