A red scarf draped over a bannister is one of the few clues that Sidnetta Smith and her children lived in the sandy-gray, two-story Conyers home.
It was taken by a bank, even though that bank didn’t hold a valid mortgage on it.
Bank of America has since tried to rescind its April 2010 foreclosure. But hitting the reset button can’t undo uprooting her kids or replace family photos, jewelry and kids’ honor roll certificates.
“I miss it. I miss it a lot,” a stoic Smith, 41, said of the still-vacant home on Wall Street.
Smith’s case highlights how few protections borrower advocates say Georgia offers during foreclosure. Georgia, like most states, has no “judicial review” in which a judge verifies basic facts before a bank can take a house. In the “non-judicial” system, bankruptcy or a lawsuit are the main means of disputing a foreclosure.
Advocates for borrowers say it’s impossible to know how many improper foreclosures have occurred because no one is monitoring the validity of the paperwork.
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