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Foreclosure Defense Florida


property-foreclosureIf you are not sufficiently terrified about the arrogance and abusive power that the banks are wielding all across this country, hold on to your hats and just wait for this one…’s an OUTRAGE that is really going to get your attention!

How would you like to know that hundreds of jackbooted thugs have keys to your home and they can come and go anytime they please?

Banks are busy breaking into properties all across this country.   Now most times when this occurs it is after an unlicensed, unregulated and uncontrolled subcontractor hired by the bank makes a determination that the home is vacant or abandoned.   After this unilateral decision is made, the “property preservation specialist” then takes it upon himself to steal whatever property is left then change the locks on the door.   Granted, most times when this occurs, the rightful owner of the property is in some stage of abandoning and leaving the property, but in an alarming number of cases, this is occurring when people are still living in the property!

Just to make sure the point is clear, let me repeat and emphasize….SUBCONTRACTORS HIRED BY THE BANKS ARE BREAKING INTO PEOPLE’S HOMES, CHANGING THE LOCKS AND TAKING PROPERTY. Just how widespread is this phenomena?   No one really knows because it is vastly underreported, but I say that any single example is a serious violation of fundamental Constitutional rights and that this cannot be permitted to continue.

The respect of property rights and especially the right to be secure in one’s home was formerly a bedrock principle that defined this country, so important in fact that it was incorporated into a now meaningless and unimportant scrap of paper called The Constitution of The United States of America.   The Constitution has become meaningless and unimportant because law enforcement,our courts and we as a people have allowed the rights that were articulated in this document to be trampled on and ignored.

The fact that these rights are now ignored is clearly evidenced when a victim of a bank break in calls law enforcement…the typical response from law enforcement is “too bad, private dispute, no crime committed”….oftentimes no report is even taken but when you talk to law enforcement, they are getting these phone calls all the time.   But their budgets are stretched and they’ve been convinced that this is permissible conduct by the banks….so they just brush the victim off and go on about their business.

Now here’s what should really get all of America outraged…and should terrify those people who have had their homes broken into and the locks changed by the banks…..when the banks change the locks, they are putting on locks with master keys….not unique keys for that home, but locks with master keys that hundreds of subcontractors have the keys to.   This was confirmed to me recently after a client confronted a contractor who was inspecting a bank owned property next door to hers.   The locks to her door were changed and this guy….seemed to be a pretty straight up guy warned her about this master key issue….to demonstrate, he walked over, put in a key and opened her deadbolt with the very first key….can you imagine her horror?

Now the details of this exchange and the industry practice will be confirmed through deposition and formal discovery, but the issue for anyone who is a victim of this and for every single American is this practice is a bona fide OUTRAGE that cannot be allowed to continue.   There has got to be more reporting of these crimes and the victims of the crimes must be insistent that law enforcement take reports and investigate….but beyond that, lawyers across this country need to take a far more aggressive posture in prosecuting these cases. Although this seems like an ancillary issue at this point in time, there is simply no other group that can stand up and protect these vital Constitutional rights.

Just like the big boys in major plaintiff law firms are now taking on the banks in the securitization and investor put back lawsuits, it’s time for the Consumer Right Attorney Warriors to step onto this battlefield and take on this fight for all of Americans. It’s also time for the press to again start talking about this issue….it’s been a few months since the issue got the kind of coverage it deserves, but I can guarantee that the frequency of these crimes has only increased…..

Here’s a sampling of prior reporting….

New York Times

Sarasota Tribune

Naked Capitalism

Law Professor