Foreclosure Defense Florida

Can The Bank Just Change The Locks On My Home?

USA-flag-Foreclosures

Today, all over this formerly great country of ours, there are gangs of thugs roaming through neighborhoods deciding what homes they want to break into.   I had two clients in my office today who were victims of the banks breaking into their home and it MAKES ME SO ANGRY I COULD SCREAM!

They don’t have any Order from a judge or law enforcement that would give them the legal basis to forcibly break into any person’s home, but that doesn’t stop them.

They claim not to have any idea that breaking into private property is not permitted by law and say that they are relying upon instructions from the banks who have taken over this country.

What angers me most is if law enforcement responds to the call about these break ins, law enforcement will leave and frequently not even take a report….they determine that it is a civil matter and they leave…sometimes leaving a terrified homeowner fearful and unprotected because the thugs hired by the banks have convinced law enforcement that they are permitted to break into homes.   Often law enforcement believes this…I mean, after all, they’re the bank right?

I cannot tell you how many hours I have wasted on the phone with Sheriffs and law enforcement trying to convince them of the obvious….that breaking into homes is a crime…..far too often they just don’t care and so this epidemic goes on unabated.

BANKS CANNOT JUST COME IN AND CHANGE THE LOCKS ON YOUR HOME!

THEY CANNOT TAKE YOUR PROPERTY!

THEY CANNOT PREVENT YOU FROM ENTERING YOUR HOME!

And yet they are doing it every day, all over this country.   I have several cases that are pending where the banks have done this and it just makes me furious.

THIS HAS GOT TO STOP PEOPLE!

WHAT WILL IT TAKE FOR AMERICANS TO WAKE UP AND FIGHT THIS WANTON ABUSE, THIS FLAGRANT TYRANNY?

WHERE WILL IT END?

IS ANYBODY PREPARED TO DO ANYTHING ABOUT IT?

WHAT HAS THIS COUNTRY COME TO?

The answer to the question is banks have no legal authority to break into homes, but they’re doing it every single day because no one is standing up to them and our law enforcement is not sticking up to protect us.   It is a sad, sad day in Amerika….every day, all across Amerika.

29 Comments

  • jonc says:

    About repelling home invasions…

    If you live in Florida… There is a law called the Stand Your Ground Law…

    This permits you to shoot anyone who is breaking into your house without penalty…

    This has been court tested several times…by the survivors of those breaking in who were shot dead…

    My recommendation is an Ithaca 12 shot pump shotgun with alternating rounds of double O buck shot and rifled slugs…

    Someone with little experience with weapons can learn how to use this implement of mayhem is an hour or less…

    Once you can point it, pull the trigger and pump no one is going to break into your house and remain in one piece… Y0u will have the ability to put down several intruders and disable their vehicle without reloading…

    You can then you can call the police, tell them what happened… They will come and take a report and help you clean up …

    This is the law in Florida…

    Ready aim fire

  • tvj says:

    thanks for this post.

    We live in Texas.

    Removing me from my house, breaking and entering my home is very dangerous for said perp.

    Texas law allows us to use deadly force and shoot the perp.

    Texas Castle Law allows the use of force, including deadly force to prevent being illegally removed from ones house.

    https://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.9.htm

    See sections 9.04; 9.31; 9.32

    The actor’s belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
    (1) knew or had reason to believe that the person against whom the deadly force was used:
    (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment;
    (B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or place of business or employment; or
    (3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
    (c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.

    I suggest citizens learn and study their State Castle Law to see what the law allows or not in their particular state.

    Clearly, if the perp attempts to enter, enters and or attempts to remove me from my house in the scenario of this post, Texas law allows me to draw down and neutralize the threat which I intend to do as a squeaky clean, law abiding citizen.

    Dangerous business for bank “help” here in Texas.

  • debtlawyer says:

    Generally the “lender” will try to take cover under Paragraph 9 of the standard uniform mortgage agreement, or its equivalent. I have a client who was recuperating from surgery and the bank claimed the property was vacant, broke in, trashed the place, changed the locks, turned off the water and left. After 3 emergency motions to return the premises to their previous condition, the bank still has not done so.

    • Lee Anne says:

      Was the bank Bank of America? I came home today to find my locks are re keyed. CAn they do this?

      • They cannot, please call me 727 894 3159 or email me weidnerlaw@yahoo.com

        • Mark says:

          You’re right. It doesn’t belong to the lender until after the trustee’s deed. If you need to get back in to your own house, kick the door in. You know you can do that and so does the lender. Just like a bounty hunter can kick doors in in the right situation, so can you, and they know you can!!! Tell your lender you are going to kick in the door and they know you can. If the police question you, remain silent and ask for a lawyer.

      • Debbie says:

        BANK OF AMERICA JUST DID THIS TO ME TODAY! I came home and my locks were changed! THANKFULLY I had a remote to the garage so I was able to get in! The police just left from taking my report!!! and my house is in a SHORT SALE AGREEMENT WITH BANK OF AMERICA!!! HORRID BANK!

  • Brenda R says:

    This just happened to us today. No foreclosure notice, nothing. We are short selling the house and have an offer. Realtor spoke with our bank on Friday. Apparently, the locks were changed on Thursday. They stole our stuff in the process. We were only have moved out. How is this going on?!?! Cops just told us to move out tomorrow before the bank takes everything.

  • Dawn says:

    I have a loan with BOA and my locks were also changed. There is not a current foreclosure, short sale or non of that. I saw a notice on the door that they were going to change the locks if I didn’t call, I called and the lady said they have no order in to change the locks. I told here the house was not vaccant or abandond and she assured me that the locks would not be changed. 3 days later the locks were changed. I am so sick of this bank, they make me want to pull my hair out. I don’t know what to do next. I just know that I am going to need help to fight them. That is why I am here. If you can help please let me know. I am in Spanaway, WA

  • i have filed a lawsuit today in miami for damages because a bank sought self help before the conclousion of a foreclosure.

  • Carol says:

    Bank of America did this to me last week. They don’t even own my house – they had the loan for the previous owner! I just purchased this home as a short sale and my lender is Wells Fargo! Bank of America will not call me back, they will not give me information. They had a lock box on my door but we did get that off however they will not contact me to tell me they have fixed their errors. I live in fear of going home to find that lock box again! I can’t afford to file a law suite – anything else I can do?

    • please call me 727 894 3159

      • Carol says:

        Thank you for your reply. Unfortunately, I couldn’t locate the link after I posted. I believe this has been taken care of. I’ve received a letter from Bank of America saying that this incident will not happen again and they are reimbursing me for the lock change. Thank you again.
        Carol

  • Erin says:

    Sounds like the story of my life. I bought my house over two years ago in foreclosure from US bank. I am in the process of selling that home and am not currently living there. I was shocked to hear that I had bank of america repo signs up on my house one week ago. My mortgage is through a completely different bank. Of course I found this out friday night and was unable to reach anyone that could help me over the weekend. Monday came around and i spent over 8 hours on the phone trying to future this out. I have the title and the deed of trust everything is correct and legal. My title company says that bank of america was never even attached to this property. The bank could not tell me anything because there was a lien on my house with another mans name on the paper work. I do know as much as he was the previous owner and my only guess is that it was a second mortgage that should have been resolved in the foreclosure that I bought back in 2009. I can not find out anything on this and therefore i am not able to resolve this issue. One man from bank of america said he would make sure there was no more signs put up, another lady said she would start the paper work for the lien to be taken off the property. I have an offer on my house and am afraid that BAnk of america will mess this up for me. I checked on the house a week later and there were new signs up on my house again. I called again and was told that there were no notes attached to my property file that said anything was being done to have this resolved. I did find out that a local realtor would be the one placing the signs for the bank but have been unable to track them down to find further answers. Can anyone help me?

    • Carol says:

      Erin,
      I just finally got my mess straightened out – here is the person to contact. They took care of everything for me:
      brian.t.moynihan@bankofamerica.com and cc this person: Matthews, Crystal R
      They were able to deal with it all – I believe Brian Moynihan is the CEO of B of A.
      Please email them right away.
      Good luck,
      Carol

  • Carol says:

    Sorry – here is Crystal Matthews email address: crystal.matthews@bankofamerica.com

  • Tara says:

    I’m going through something similar with US Bank. We were in forclosure and it was sold back to the bank at sheriff sale. We were told we would have notice before the locks were changed. We had no notice all. Went out of town for a week came back today and the locks were changed. Is this legal?

  • Kathy says:

    U S Bank had Five Brothers to come in and change the locks on my home last week here in Memphis Tn. My home has not been foreclosed on as of yet. On last Thursday I went by the house to get my mail and check on the house at that time I found that the locks had been changed.. They left a green note in the door with a phone number to call to get the code to the lock. It took two days and several phone calls before anyone at the bank wouId give me the code to the lock. On Friday a us bank rep informed me that the floreclosure orocess had not even began on my property.The code that was provided still did not allow me entry into my home. I had to gain entry through the garage. Now the locks had been changed to secure the property that I already had secured mine you. I still had all of my clothes and other personal belongings left in the home. They went through all of my personal stuff, they stole personal items and ransacked the house. they took new shoes/clothes from boxes and dump them on the floor they went through personal papers and they stole my mortgage information. This is crazy. I also called the cops and was told it was a civil matter between me and the bank. These people can just change the locks on a property in which I still own legally then proceed to steal my shit. These banks should be held accountable. I don’t understand. DO WE NOT HAVE RIGHTS AS HUMAN BEINGS AND CITIZENS????

  • Contractor says:

    Please be aware that these people changing the locks on your home are not the “banks”. These are contractors and handymen trying to make a living doing whatever work is available. When you are sitting there with your 12 gauge waiting for someone to change the lock on your door since you have been unable to pay your mortgage, that could be your neighbor. It could be someone you know from your town. It could just very well be a man with a family to feed who has nothing to do with any of the legal work involved with your property. You may have the right to shoot him but that does not mean it is the correct choice. You have a responsibility as a weapon holder to make the correct decision. He does not want your house or for you to lose it. He has a job he has been asked to do for usually little money just to get by. You’re mad at the bank? Take it out on them. Take the correct course of action and follow due process.

    • the nazis were just following orders too. this is illegal and dangerous…break ins for $30 a pop? removing “personals” for $50? and then just claiming “it’s a job”? yes, i will have sympathy for those that get hurt….but it’s a known danger

  • Ruben Borne says:

    Yesterday some guy knocks on my door..looked like a lawn maintanace worker. I didn’t anwser. He goes around back and opens my patio door..
    I’m standing there and opened the door and asked what he wanted. He said the bank sent him to change the locks…and he didn’t know someone lives here…his company was called ironclad managment..
    He asked for my name and number.

  • Stephen Wilson says:

    Stephen Wilson April 10 2013
    PO Box 34264
    Perdido Key Florida 32507

    Ms. White
    Thank you for your reply concerning my situation. I have tried to summarize the major events over the past two years in order to maybe get a clearer picture of events that took place and why. There are a few items I feel might need to be clarified. One item specifically, you stated in your response letter that your records show a vacancy date of September 25, 2011. Steve McCoy asked for the last two utility bills to verify when the house was last occupied. You can see from the electric bills the last power bill was for May 21, 2012. As you can see, your own purpose of the utility bills contradicts your declaration of when the house became vacant.
    In October 2004, my wife and I purchased the home at 135 North Lake George Drive Georgetown Florida as our retirement home. At the time, I had an annual income of approximately $125,000.00 and my wife had an annual income of approximately $38,000.00. In June of 2008, my wife was diagnosed with Lymphoma. She passed away in December 2008. I was able to keep up with the mortgage payments and other debt until November 2010, when I was laid off from my job.
    I talked with someone with BOA and asked about refinancing my home. I asked to refinance my mortgage, lower my note and cash out equity. This would allow me to pay off my other debts and leave me with a mortgage note and a car payment if I lost my job. I was told that I could not refinance because the house FMV was too low. I was also told I could not get a loan modification because my income was too high at that time and the loan was current. I lost my job within two months of this conversation. I sent out resumes but was unable to get a job at that time. I paid the notes for two months but was unable to keep current. I contacted BOA again to keep everyone up to date on my situation. Now I could not qualify for a loan modification because I did not have a job. This individual suggested a Short Sale. I agreed to that and the house was put on the market $220,000.00. In 2006, the house appraised for over $700,000.00. We received an offer and submitted for $200,000.00 on the short sale. During this time, BOA dropped sale price to $189,000.00. The individual withdrew his offer and lost the sale. At this time, I asked BOA why someone walking in off the street I could purchase the house for $ 189,000.00 and I was denied the opportunity. I was not given a straight answer other than BOA would not allow it. With my income now and the house at $189,000.00, I would qualify for the mortgage. I have invested over $200,000.00 in interest and $18,000.00 in principle in this house and am being denied an equal opportunity to own this home. If I did not have an income, I would not be asking these questions.
    During this time, I was maintaining the house and cutting the lawn once and twice a month. I also kept the power on and all of my furniture and belongings were in the house. My next door neighbor called and told me someone was cutting my lawn and said they were with BOA. I called and told BOA I was keeping the yard up and quit cutting my lawn but they continued under BOA directions. Not long after this event, my neighbor called again and told me someone was changing the locks on my doors. I called BOA again was told BOA was protecting their rights. I told BOA that this was my primary residence and everything I owned was in this house. They refused to remove the locks and by these actions evicted me from my house without a complete foreclosure process.
    During the Short Sale time, I enquired again about a refinance since I had an income. I was told since I did not owner occupy the house I would not qualify for the mortgage. I asked where I could find the meaning of owner occupy but he could not tell me. I asked does it mean one month, six months, or all the time. He then told me all the time. To meet this requirement, I would be restricted to work within fifty miles of my house so I could come home every night. This is wrong and I have yet to find a written document that specifies the meaning of owner occupy. My contract says that I agreed to buy this house as my primary residence. The definition of ” Primary Residence” does not specify a time frame but states it is the place that someone comes back to from work, vacation, military, etc.. By this definition I was well within my means to maintain the house and lawn and the house not be considered vacant. This is what I had done since I bought the house. I worked military construction projects and came home at different times during these projects.
    The steps of foreclosure do not allow a person to be evicted from his until the foreclosure process is complete. By locking my doors BOA essentially evicted me from my home with all my possessions in the house. I have been in contact with BOA since the beginning and do not fell these actions should have been taken and especially without my knowledge.
    During this time, I have talked with probably ten different agents of BOA and all say the same thing ” We are here to help”. The Help I Received : deny refinance mortgage, start foreclosure, come on my property without my knowledge and take over my lawn, lock me out of my home and possessions.
    I do not think you can correct out of the ordinary events of today with procedures that were good ten years ago. This situation was not created by me but I am the one who is suffering for it. My wife and I bought the house as our retirement. We lived within our means and planned for the future. Our credit was excellent and never missed a payment. The lending institutions made bad loans which created the economy of today. I feel that to help me and probably others you have to think outside the box and be creative in solutions available to solve these problems. It is hard for me to have confidence in someone as your disclaimer states is a collection agency being paid by BOA the lender. I feel that I am entitled to the $189,000.00 mortgage with no strings attached so I can put this ordeal behind me and go on with my life. Maybe you can remove my doubt in your intentions and grant this request. Thank you for your time in this matter.
    Sincerely,
    Steve Wilson
    CC Ms Nina Reich
    Attorney General Office

  • ron says:

    I left home for week before easter, the came in the SATURDAY BEFORE EASTER!!!! and changed the locks. they knew that the house was occupied and we in negoiation for repayment of reverse mortgage. but the will had not even cleared. the did not warn me,tell me to leave the property. they took everything in the house and even raised a shed from the foundation and took it . I cam home to quite a shock, but I just pulled the door open because they did not do a very good job at securing it

  • Lisa Schwartz says:

    This happened to me last week. Bank of America broke into my home while I was not there. I had an agreement with Bank of America to “short sell” my home. I had been in contact with the person handling my case regularly to let them know what was going on and the progress I was making. The home is not in good shape and since I was going to call a realtor and list it I wanted to clean it up and make it look somewhat persentable. I came home May 2 to find they trashed everything. The turned my bed and frame upside down. All the cabinets in my kitchen were open and what dishes I had in there were all over the floor. My dresser drawers were turned over and there was broken glass everywhere from the built in china cabinets. I called the police and made a report. I had the police take pictures and I removed the lockbox they put on the back door and replaced it with my locks that were on there in the first place. They did not put one on the front door — only the back door which I found to be very strange. I called the bank and of course they denied having anything to do with it. I am looking for a lawyer in my area that will handle my case. I am located in southeast, Texas. If anyone knows of a lawyer in my area that will take cases like this I would appreciate the info. I’m fighting back and I will not let the bank get away with this. They have committed a crime — breaking and entering, trepass and vandalism. I will not clean this house up and I will not be listing it. They can foreclose on it. I’m done. My contact at the Bank told me I had to have it listed for 90 days before they will accept a deed in lieu. Would have been nice to short sell it and not have a foreclosre on my record but at this point, I don’t even care — they can foreclose on it.

  • vinnie says:

    well I am going through foreclure. if those thugs ever come in the house, they will probably hear the sound of the taurus judge after they get hit by it in their faces. I dont play or kiss. i get even. if they can hide between whatever paragraph, I can take “stand your f…g ground” florida

  • vinnie says:

    Another thing. My home just got broken, vandelized, alarm wires pulled off, thugs went through our belongings, violating our privacy, broke our fences. this happened in volusia county by citimortgage who hired safeguard properties. sherriff made the police report. my wife is 63 years old and she sometimes watches our grandchildren. i am usually out of town. anyways I gave her my taurus judge, she dont have to aim it and has the right to protect herself our grandchildren and her castle. this time they will not get away. I guarantee that. I am tired of this crap. The doors are now booby trapped. F… them

  • Michele V says:

    BAnk of America continually enters my property even though I keep telling them to stay out! They have not filed for foreclosure and I have been fighting them for 22 months now. Why are these banks STILL allowed to get away with this??

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