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Foreclosure Defense Florida

All Bank “Property Preservation” is Unlicensed Contracting, It’s Time For Our State To Act!

I have had it with the banks hiring jack booted thugs to kick down doors, change locks and remove personal property.This is a dangerous violation of fundamental rights that must not be allowed to continue.

I am disappointed that law enforcement across this state has bought into the lies and campaign of misinformation conducted by the banks and their shady network of subcontractors.   The law is clear, the banks do not have the right to enter any home until they have a lawful order signed by a judge.

An American’s home is his castle and it must not be subject to search or entry without a lawful order of a court

and executed with law enforcement present.

Law enforcement agencies all across this state are being inundated with calls from consumers complaining of unauthorized break ins by the banks, but they take the side of the banks and their thugs.   Most recently read the following report issued by the Hernando County Sheriff’s Office about an incident that happened to Chris Boudreau. Now, Boudreau disputes much of what is contained within this report, and there are many other more damming facts that are not included.   The point to be made here is the guy’s home was forcibly broken into, his stuff was stolen and law enforcement will not protect him.

Unfortunately, law enforcement in this country will not begin to act until someone is killed or seriously hurt when one of these incidents occur.

Until they do wake up and start defending the homes of the people they have sworn an oath to protect, it’s time to pursue another avenue that will provide some means of protection, Florida’s Unlicensed Contracting Law:

 “Contractor” means the person who…for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the subsequent paragraphs of this subsection.

” Contracting” means engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors. The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. If the services offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted sale of these services requires the corresponding licensure.

So What’s the Penalty?

 (2)(a)”ƒAny unlicensed person who violates any of the provisions of subsection (1) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b)”ƒAny unlicensed person who commits a violation of subsection (1) after having been previously found guilty of such violation commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
It’s time for Florida’s Construction Industry Licensing Board to really step in here and support the hard working and law abiding licensed contractors who must be hired to perform any of the work currently being performed by the banks and their thugs.
PLEASE SHARE THIS POST WITH NEIGHBORS AND WITH LICENSED CONTRACTORS WHO MAY BE AWARE OF UNLICENSED CONTRACTING OCCURRING~! PLEASE ASK THEM TO CONTACT ME WITH EXAMPLES~!

 

 

11 Comments

  • Chris says:

    I have been working with several banks on their foreclosure properties for over 5 years now and I must tell you that I am offended by your blog post. You should be ashamed of yourself for speaking in such a disrespectful manner about hard-working, bill paying people like myself. I cannot believe the nonsense that you based this story on. What kind of person makes such an ignorant, generalized assumption that all contractors who work for banks are unlicensed. The facts of the Chris Boudreau story clearly show that he was already moved out and that he left the junk that he chose not to take with him, for someone else to clean up. Plus, I can tell you based on my personal experience from BOTH sides, that the bank most likely sent him dozens of letters and definitely made dozens of phone calls to him looking to discuss the matter with him. Chris Boudreau chose to ignore them. The banks are required by their insurance companies to secure these properties within a certain amount of time after the previous occupant moves out. If they don’t, then the insurance company will not cover any claims. In addition, there are several other strict compliance issues that they are forced to follow. These type of events would be nearly eliminated if the individual being foreclosed on would just communicate with their lender.

    Secondly, the companies that complete the lock changes and debris removal do not complete any actual repairs. The banks hire licensed contractors to complete the actual repairs. I do not believe that changing locks and removing garbage constitutes actual “construction repairs”.

    • Read the statute carefully my friend, and understand that the banks are openly and flagrantly violating fundamental American laws. They are purposely not advising their contractors on the law, instead allowing them to break into property under theories that ignore hundreds of years of American law. Let me tell you this, the banks have no right whatsoever to change the locks on a property absent a valid court order in the State of Florida. Next, please read the statute I cite and explain to me how bidding to repair a roof or do any kind of repair or alteration bidding is not violating Florida’s contracting statute? The fact of the matter is our state’s contracting statutes ensure that property preservation work is done by qualified, licensed and properly insured professionals….the State of Florida has severe penalties against unlicensed contracting…and they are going to start hammering away at this…very soon. By the way, I first got onto this topic and issue after I got several phone calls from licensed general contractors who saw their work disappearing….they had been working for the big guys and after getting slow paid or not paid for jobs, they realized the work that they are licensed to perform is now being done by a guy in a pickup truck with a hammer…..forget about me…it’s these guys that are going to come SCREAMING! Stay tuned!

    • J. R. Homeowner says:

      What is it with folks like you?
      Why is it that you persist in this fantasy that somehow the *banks* make the laws, or at a minimum, the *banks* and their agent thugs are somehow exempt from the law?

      Lets go over this one more time:

      It doesn’t matter how many letters the *bank* sent.
      It doesn’t matter how many phone calls the *bank* made.
      It doesn’t matter what the “bank’s* insurance says.
      It doesn’t matter if the homeowner left “junk” in HIS HOME.
      It doesn’t matter what “strict compliance issues” you think there are.

      What matters is THE LAW

      I find it more than a little astonishing that you would take offense that anyone might even suggest that folks like you were not following the law by being licensed and then IN THE NEXT BREATH attempt to justify the crimes of trespass, breaking & entering, burglary, and criminal conversion with the most twisted reasoning imaginable.

      We really should thank you though..

      THANK YOU for demonstrating the arrogance and contempt for the law that both the banks and their henchmen such as yourself have.

      • LIZ says:

        You are fortunate if they only leave junk. 1 out of every two homes we inspect clean up leave huge piles of S#it either in the toilet or let their animals crap and urinate all inside the home. The crime is these companies force you to do the clean up no matter how hazardous to your health or health department codes. If you refuse they with hold pay from other jobs you complete and find some one else to do it.This is a crime, especially when it sits a good month in a hot house for at least a month. And on winterizations to protect the property from freezing you have to clear this stuff for FREE.

  • Actual Contractor says:

    Pay your mortgage and quit leaching off the banks you deadbeats! Can’t pay your bills? Then get out of the banks house. What I don’t understand is how you justify stealing from the banks by not making your mortgage payments.

    The only reason Matthew D. Weidner, Esq.gives a s**t is because he’s trying to make money off the “innocent deadbeat former-homeowners” and throwing the banks and their “henchmen” under the bus. I pay my mortgage-that’s the deal I make with the bank.

    Don’t agree with the banks terms…keep renting.

    • I certainly make my living defending homeowners, but if you spend time on my site, you will see that my interests have expanded far beyond merely defending homeowners against fraud, corruption and the decimation of the Rule of Law. For instance, I see that you responded to my post on illegal contracting….homeowners and consumers are being victimized by unlicensed contractors…..and here’s the deal chief….it’s not “the bank’s house”, the home belongs to a homeowner until a foreclosure judgment……..

      • LIZ says:

        Matthew,

        You have a great point and I work on the otherside for the banks and their contractors and I feel so bad for most these families losing their homes but there are various circumstances for each foreclosure. You see Fmr Gov of TN Fred Thompson claiming reverse mortgage solution companies is a wonderful way to get money and keep your home, I see otherwise. These poor Srs are giving in to the temptation of big vacations or maybe paying their never ending skyrocketing prescription and healthcare just to live another day. I see these people kick the bucket sooner than they anticipated and the kids of these parents are outraged that they have mortgaged their potential inheritance, they simply say take it all, out of anger even the personals left inside. On the other side I see persons that just do not pay for some reason or another. I have photos of beautiful homes with all the wiring stripped and torn through the walls, busting windows, and sabotaging the yards with metal you dont see til you damage your mower. ALL the banks I deal with have strict rules to leave the property if there seens to be personal items left behind. If no one claims the items in the amout of time given we are instructed to put it in a storage facility. There are some crappy preservation companies that told me I should go in and change the locks even if someone is there, I quit that company, They are also putting bandaids on enviromentally hazardous issues surrounding the property, such as structural damage, black toxic mold and sewage propblems. I turned in a company to the Dept of Health and they hit me with a 5,600.00 penalty and took it out of my check because I refused to treat black mold as “discoloration and spray it with bleach and slap some Kilz on it and they got another lousy contractor to do it. I refused because I am a mother of 4 and I owned a property that severly infected my daughter. I am currently putting a lien on this property. You wanna hurt this business lets go after those Property preservation companies that rape all of us, they rip off the banks by hiring bad contractors, they rip off the good contractors that wasnt to do things right and they hurt the potential new home owner by selling properties infested with mold or sewage propblems, which make the homeowner doomed from the get go

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  • Bill in SRQ says:

    Any police officer or other sworn public agent/official that violates the Constitutional rights they have sworn to protect can be sued under USC Title 42 sec. 1983. You will be RICH my friend. They have no personal immunity from liability either..you can take EVERYTHING they personally own after you have sued the sheriff, county, state, etc. anyone involveed in the violation, i.e. without a signed court order!
    Once they understand this, and word will spread like wildfire, civility may be restored.

  • In the biz says:

    Very interesting. Maybe you should actually talk to the contractors being hired by the vendor management companies. I work in this line of work on the bank’s end, and several laws/statutes have passed recently protecting the banks right to protect it’s assets. Many mortgage agreements also have provisions describing preservation actions able to be taken in the case of a default.
    Prior to the foreclosure sale, preservation activities WILL take place, and I order them every day. We send letters and give ample time for the home owner to respond and express ANY interest in the property. A vast majority of the time, the home owner won’t respond to the letters at all.
    We WILL preserve the property and keep it from deteriorating, and also keep the local government from placing liens on it for work they do to alleviate violations. I’m sure that isn’t legal either, since then a tax sale eventually takes place even without the customers consent.
    After the foreclosure, it then goes to a banks REO for management on the inside.
    It’s amazing how many lawyers are uninformed in the areas they claim expertise in.
    As for the example you referenced, it seems most likely that the home owner just didn’t read his mortgage. There is a clause in most mortgages expressing the right of the lienholder/servicer to protect their interest in case of default and/or vacancy. The house was in default and vacant… those red flags left to it being secured. His property being removed comes down to individual lender guidelines.
    An American’s house is his castle… the good old Florida Castle Doctrines have worked well lately haven’t they?
    You don’t pay your bills, be prepared for the consequences. Don’t like it… pay your bills and WORK with the bank. It’s much easier and more cost effective for the bank to NOT take your house since there are a ton of fees associated with filing foreclosure and large amounts of the debt are frequently written off.
    Stop fear mongering that the ‘evil banks’ are out to get the little man who can’t/won’t pay for his house anymore.
    Also, most of the time, a lock is drilled to gain access. If the door is unsecure for any reason and the frame is defective, a padlock is placed to secure in that instance.
    I don’t care if this is an old posting, you obviously haven’t educated yourself further on this per your posting in January. You go ahead and keep fighting this. A simple proofread of the mortgage will defeat you 9/10 times since the home owner already agreed to it. Sour grapes.

  • Ray says:

    I have been on both sides of this story.

    1st, I have been in the foreclosure proceeding process and the banks do give you plenty of time (around one year) to keep the home in one way or another, even though they take there sweet time and jurk you around and don’t want to give you anything when it comes to giving you a modification. It usually takes the bank around one year because when they get to your paper work, like your bank stubs and other papers they are already expired. As long as you are in contact with them, at least once or twice a week, you will know exactly what is going on with the status of the property.

    2nd,
    It is not your home in tell you pay for it, you obviously didn’t follow through or read the contract that states the legal right of the property you where interested in buying when you where “GETTING A LOAN” from a bank, and lets say you did own the property and fell behind on you taxes all you have to do is get a reverse mortgage and the bank pays you. Also, how can you get mad at the hard working men and women contractors doing a job so they don’t lose there home. I know a few of them and they are just like every one else, just trying to survive. If they came to change my locks why would I take any anger out on them for doing a job? If you want to talk about something lets talk about how dumb you where for signing something and not following through with it.

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