Earlier this week a client returned to her home to find a notice duct taped to the door. The notice said,
“Attention Entry By Unauthorized Persons is Prohibited!”
The notice went on to state that in order to protect the lender’s rights in the property, they had broken down the door and that noone else was authorized to enter. In case of emergency only, you should contact BAC Field Services Corporation at 800/669-6607. The notice further provided that the home was not owned by BAC Home Loans and that you should not contact them about sale or rental.
Now here’s the kicker this home is owned by my clients. They haven’t even been served with a foreclosure yet. No problem though, that didn’t stop BofA from breaking and entering. I immediately contacted BAC and they informed me that they have every right in the world to break down doors and do whatever they deemed necessary to “protect” their mortgage. I contacted their attorney here in Florida and he advised me that they had every right to do what they’ve done.
NO THEY DON’T! NO PERSON OR COMPANY CAN JUST BREAK DOWN THE DOORS OF ANOTHER PERSON’S HOME!
I wish this was an isolated incident, but the scary fact is it is a practice that is occurring all across the country. When I called the 800 number provided on the sticker, they had options to press for, “If you need to retrieve your personal property, push 1″….I’ve had multiple clients that this has happened to, and my colleagues report other instances of it. This is totally illegal and the companies that are doing it are breaking the law….these crimes are felonies in every state.
Don’t believe the banks or the lenders if they tell you they have the right to do these things….contact law enforcement and press charges! If you know of instances where this is happening, please contact me with details so this information can be shared.
Matt,
Your frustration comes through my monitor. This happened to a close friend of mine. But she was in Lis Pendens status only…Stern is also representing Aurora in this case. They changed her lock and put a letter in the door. They have yet to Foreclose. Again to make apoint here is a video to prove anyone can take your home away…Introducing “Bogus Assignee” about 20 have been found across Florida so far.
https://www.youtube.com/watch?v=hY4aRn6bWKg
If you have any other examples of assignment fraud, please email me pdf versions, I want to do another post with those entries.
thx.
Another point I would like to add is for instance on mine I was not Served PERIOD no notice no nothing! I made it a point to continue to search public records each and everyday.
Google these 3 words Sewer Service Foreclsoure to find out how this is going on. One needs to be on the defense at all times as they try to sneak things into the courts without your knowledge.
My home is in schedule to be sold on Feb.22,2010 . I lost my motion to vacate trial , the judge would not give me the chance of seeking an evidenciary hearing. The plaintiff ran a rocket express docket on me by using what I considered fraud and misrepresentation.
I have been thinking of sueing the Florida Default Law Group and JP Morgan for fraud and for emotional and finacial damage.
I haven’t read of any homeowner sueing the Plaintiff’s for fraud, and damages .
Is this so hard to prove ..? Is it too expensive ?
Please help me out , on wheither I would have a chance in Hell to win this civil suit.
Any one out there ….know of any lawyers who would try …. and accept continguency fee. ?
Luis 57
A competent lawyer could probably get the judgment vacated and sale cancelled, but you’re looking at at least $5k in attorney’s fees. If you cannot swing that the only thing you can do is hire an attorney and file bankruptcy….this will stop the sale.
Good luck.
Thank you for your good suggestions Mr.Weiner .
I did file Chap 7 to stop a foreclosure sale back in July 27,2008.
I was discharged of all debts by Dec. 02,2008 and the Trustee determined we were a no asset case .
The Plaintiff had a Summary Judgment since June 2008 ,but never requested a stay during my 4 months in Chap 7 . ( July-Dec.2008 )
Starting the new year in 2009 . I filed a Motion to Vacate Judgment. That struggle began in March 2009 until Nov 25.2009 When I was denied my motion to vacate .
Appeals is a complicated procedure especially as a Pro Se , but its still possible option for us.
I am also considering reopening my Chap 7 to find if I can claim that the Plaintiff’s failed to file a Proof of Claim during those 4 months .
I am also looking at Homestead exemptions , and Tenant in its Entirety protection .
I signed the promissory note and not the wife.
{ Florida property },
we did both sign the Mortgage document.
My wife and I are ProSe since our finances will not permit us to hire a lawyer .
So I was trying to find ..if there is a possibility of suing the Plaintiff’s for causing us financial , emotional suffering and hardship. When the foreclosure could have been prevented .
We answered the Summons ” answer ” and offered a pre-approved Re-finance solution.
We were not served notice of the Summary hearing…
( I have evidence that the summary judgment hearing was a unilateral scheduled hearing )
….so we did not attend that important hearing. We lost the opportunity to have the Judge hear us out , the Plaintiff won a Summary Judgment by default , and announced the sale of our home for July 2008.
That’s when I filed Chap 7 to stop the sale , and gain some time to recover my bearings, and search for an attorney to help us.
I believe I have a case with evidence of fraud against the “Florida Default Law Group ”
Who knows if my case could grow or become a Class Action suit .
Luis 57
A frien’s house was foreclosed by AHMSI on June 16 and today, July 6, she came home and found new locks on all doors! Not even a letter, business card or any number to call or a person to contact. What can she do? All her belongings are inside!! This happened in Kissimmee FL.
I got foreclosed on a while ago. The house was managed by BAC Field Services. But, I was served a 60 day notice by Bank Of America to get out. It was a few days before they even went to the house and it took them 2 week to secure and winterize the place. I’v never seen BAC break into a home before.
“I was trying to find ..if there is a possibility of suing the Plaintiff’s for causing us financial , emotional suffering and hardship. When the foreclosure could have been prevented .perfect page for me”