seizure of property prior to foreclosure; liability for the theft and vandalism

[cathlynp16]

My fiance has decided to let his home go into foreclosure. He has had a lot of contact with his bank (Chase) and they basically told him to stop paying on the house in order for it to go into foreclosure. He moved in with me and hasn't heard anything from the Chase for the last few months. (he still goes back and forth to his house, as he still has a lot of personal property inside the residence and on the property) then, this week he went to the house and found that the locks had been changed and a lock box was installed. He also was able to look into the house, ( because all of the window treatments had been ripped from the windows) and saw that the house had been ransacked and some furniture had been stolen. His John Deere tractor (valued over 25,000) had been stolen, but the keys to it had been inside the house. When he contacted the bank, they said they had not yet filed any paperwork with the court to start foreclosure proceedings. He then called the "management company" that posted the notice on the door and installed the lock box. They informed him that he didn't have to be notified because the house appeared abandoned. I researched the Indiana code regarding foreclosure and what constitutes abandonment,( there were several amendments to Indiana code 30-32-10.5,6, effective 2011) and I believed it to read that the creditor had to obtain a finding of abandonment from the court, and that the court would in turn notify the debtor of said finding. It also states that there has to be sufficient attempts to notify the debtor. Neither of these steps were taken prior to this "seizure". They also will not give him the code to the lock box to retrieve his personal property, although the subcontractor hired to execute the lock change is suspected of the vandalism and theft, and he still has the code!! What legal recourse is there for him to regain possession of the property to obtain his personal effects from the residence, and is the management company or the subcontractor liable for the theft and vandalism?

[AFFA]

I wish to inform you that your boyfriend can file a police complaint regarding theft of his valuables and possession by other party so that law enforcement agencies can provide your boyfriend possession of his things and home. Your boyfriend was going to his home regularly and thus he has possession as well as there is no abandonment of home. If law enforcement agencies do no provide necessary relief then your boyfriend can file a lawsuit in court and obtain court order regarding possession.

AFF

[Friend In Court]

Originally Posted by cathlynp16 My fiance has decided to let his home go into foreclosure. He has had a lot of contact with his bank (Chase) and they basically told him to stop paying on the house in order for it to go into foreclosure. He moved in with me and hasn't heard anything from the Chase for the last few months. (he still goes back and forth to his house, as he still has a lot of personal property inside the residence and on the property) then, this week he went to the house and found that the locks had been changed and a lock box was installed. He also was able to look into the house, ( because all of the window treatments had been ripped from the windows) and saw that the house had been ransacked and some furniture had been stolen. His John Deere tractor (valued over 25,000) had been stolen, but the keys to it had been inside the house. When he contacted the bank, they said they had not yet filed any paperwork with the court to start foreclosure proceedings. He then called the "management company" that posted the notice on the door and installed the lock box. They informed him that he didn't have to be notified because the house appeared abandoned. I researched the Indiana code regarding foreclosure and what constitutes abandonment,( there were several amendments to Indiana code 30-32-10.5,6, effective 2011) and I believed it to read that the creditor had to obtain a finding of abandonment from the court, and that the court would in turn notify the debtor of said finding. It also states that there has to be sufficient attempts to notify the debtor. Neither of these steps were taken prior to this "seizure". They also will not give him the code to the lock box to retrieve his personal property, although the subcontractor hired to execute the lock change is suspected of the vandalism and theft, and he still has the code!! What legal recourse is there for him to regain possession of the property to obtain his personal effects from the residence, and is the management company or the subcontractor liable for the theft and vandalism?

You need to file a police report and then as long as you have i.d. like driver's license, see if you can get a locksmith to get the lockbox removed or key cut to your home.

First impression is that the lender had no right to take possession of your home, lock you out, until a decree of foreclosure had been granted. And it seems they also did not comply with the law re abandonment. The subcontractor was an agent of the lender so they are resonsible for his actions.

For the losses you have suffered you may have a claim of offset, at least, against the lender when they file their foreclosure suit. I suggest you contact a real estate attorney experienced in foreclosure defense.

[Friend In Court]

Your fiance may have a substantial claim against the lender for entering the property prior to foreclosure decree and for the losses to his property as a result, as I stated in my previous reply.

He should consult with a real estate lawyer that is up on recent foreclosure cases for Wells Fargo last year got socked for in excess of $100,000 in damages for entering a property prior to foreclosure which resulted in about $5K in damages to the owner's property. Your boyfriend's claim of course far exceeds that amount and he may have a substantial separate claim against the lender.