Skip to main content
Foreclosure Defense Florida

Bank Break Ins….People Are Going To Be Killed…..Just Wait….A Homeowner Will Stand His Ground

I was contacted by another consumer today who had a confrontation with a bank thug who trespassed on her property to do a “home inspection”.   Now she was current in her loan modification at the time the bank sent a thug to “inspect” her home.   When she found him in her back yard, he was peering in her windows and trying her doorhandles.
What this “inspector” didn’t know was that his target was a weapons expert specially trained in close arms security.   Neither did he know that the next door neighbor was a military officer with extensive combat training.   The inspector was lucky he was dealing with highly trained targets who engaged in proper risk assessment….play out the same scenario with targets who don’t have the training or restraint and it will turn deadly real soon.
And I promise you, it is going to turn deadly….someone is going to be shot.   The bank inspectors already admit that they routinely get guns pulled on them or have confrontations with homeowners…eventually the confrontation will turn deadly….
This is devastating and terrifying and no one cares to do anything about it.
It’s a very scary reality.
 
 

5 Comments

  • Don Burns says:

    Matt thanks for the heads up on this matter. I am more concerned for my girls when will we here about real thugs pretending to be inspectors. I guess the old saying rather be tried by 12 instead of six. Thanks again back to reading

  • Charles Cox says:

    I’m surprised it hasn’t happened by now, considering the number of break-ins that have occurred.

  • Ban KKiller says:

    The Fourth Amendment still applies. Call the police, have the man arrested for trespassing and prosecute to the fullest extent of the law. Drag in his superior too.

  • JamesM says:

    Not to mention that if a repo man comes to get your car, you have to shoot them so that you can later prove the ‘self help’ repossession was not peaceable. Otherwise it is just your word against theirs, on a dark night without witness.
    Creditors can repossess a car without the court’s assistance under UCC and FL statutes ‘self help’ repossession, but only if the repossession is peaceable. Otherwise they have to go to court and get a Writ of Replevin served by the Sheriff.
    Often they will start by going to court, getting a Prejudgement Writ of Replevin, then seize the car, then abandon the action in court, and if challenged will later allege the repossession was not done with the Writ but under UCC self help repo law, and point to case law which says the acts are complementary remedies, and their bringing an action was not a choice of remedy, and did not prevent the ‘self help’ seizure and sale, which now makes the action moot.
    This is incredibly common, and incorrect, but is almost never chalanged because even though lawyers know it is wrong, but the cost of fighting it is more than the probable return, and the client does not have the money to start with, otherwise they probably would not be delinquent.
    Therefore, when a repo man comes in the middle of the night, the only way to establish that the seizure is NOT a peaceful seizure under UCC is to (a) be served a real orignal writ by someone authorized to serve it, like the Sherrif, or (b) shoot the repo man. That should establish the seizure was not peaceable, and with stand your ground allowing protection of your self and your property, appears to be quite within the law.

  • Jeff says:

    I’m familiar with how lax/negligent the subcontractors are because we were hired through another subcontractor to mow grass at local properties (and take outside photographs) for the banks. I objected to the practice when I discovered that a significant percentage of the properties didn’t even have a Lis Pendens filed on them, let alone a foreclosure case. (Florida being a judicial foreclosure state, of course.) And an online search investigating our contracting company’s name (an “inc”) had not been filed in Florida (sunbiz.org), nor in California which was the state they were operating out of. The contracting company refused to tell us in which jurisdiction they had started their “inc.” I did a search of many of the typical incorporating states, and nearby ones, and came up with nothing. A call to their bank (Bank of America, the name on the check the contracting company paid us from) asserted that the “inc” was legitimate but refused to tell us where it was filed. So we quit! Talk about fly-by-night contractors!
    As a realtor, I’d seen foreclosed houses stripped of everything not screwed down (and some things that had been screwed down) before listing it for sale with a realtor. It didn’t make any sense except I believe some of the subcontractors were stripping the houses far more than the banks wanted. Either that, or the banks wanted nothing that they could be liable for. “We’re selling you four walls and roof and that’s it!” No appliances to break down or have cause for negotiations with buyers.
    I’m fearful for my own house. A house I was taking care of was broken into by some subcontractor and the locks changed under the guise of “securing the property”. However, I’d recently changed the locks myself. No one from the bank, nor any subcontractor, contacted me by phone or mail to tell of their plan to break in and change the locks. The least they could have done was to clean up the place (LOL) which they did not do. They simply changed the locks. Though I regained entry easily enough, B of A still hasn’t filed to foreclose on that property one year later… in a non-judicial foreclosure state that takes 3 months from notice to sale! WTF!?!?! B of A still regularly sends an outside inspector who will knock on the door, talk to the neighbors, but refuses to call out over the backyard wall because THEY are afraid of home-occupants with guns! (The neighbors keep telling them the occupant is in the backyard… because THEY can see them; but the inspector will not approach the backyard. Weenies!)
    So I’m afraid to leave my own house to go grocery shopping! What if I come back after an hour and my own house has been broken into and the locks changed? I don’t use my front door; I drive into the garage and enter the house that way. I would never see some paper note attached to my front door warning me of possible lock-changing the following week.
    And I want to go on a one-week road trip… but I dare not!

Leave a Reply