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lady mist · Oct 12, 2008, 09:09 PM

Can a mortgage company come in and take all the objects out of a foreclosed property before the court date for evication?

excon · Oct 13, 2008, 04:44 AM

Hello lady:

No.

excon

ScottGem · Oct 13, 2008, 06:27 AM

Until the sherriff comes with an eviction order from the court, they can't enter the premises or remove anything.

rockinmommy · Oct 13, 2008, 06:35 AM

Let's be clear on this (since there are so many crazy things happening with all the evictions these days)...

The CAN come in and do that, just like anyone CAN break into your home.

But it would be illegal and you would have an excellent case against them.

There have been lots of reports of mortgage companies and the contactors they hire to "tag" foreclosed properties taking HUGE liberties with trying to regain possession of the property.

lady mist · Oct 13, 2008, 02:57 PM

Our's did that, there is NO court order, so what should we do know?

rockinmommy · Oct 13, 2008, 03:03 PM

Wow! That's what I was afraid of by your question. Do you know who physically removed your stuff, what they did with it, and who the mortgage company is?

ScottGem · Oct 13, 2008, 05:40 PM

Are you sure there is no court order? Were you there when they came? If not, how do you know who took it? There has been some instances of low lifes finding out about foreclosures and cleaning them out.

lady mist · Oct 13, 2008, 09:45 PM

No we weren't there, the only thing we have received was telling us when the eviction court date was, they never actually told us when we had to be out. We went to move the rest of the stuff out and it was all gone. The court is on Oct. 23rd. The fredge, stove, microwave, curtians, EVERYTHING was gone, even the trash can on the front porch was gone that had bags of trash in it. The other day when we were there we locked the house up completely, all the windows were locked, and when we went back yesterday there were no signs of forced entry anywhere. To me it sounds like the mortgage company, which is Wells Fargo, did it, because we didn't give any keys out.

excon · Oct 14, 2008, 03:53 AM

Hello lady:

Sounds like a theft to me. I'd call the cops. Even if it WAS the mortgage company, they have no right to your curtains.

excon

ScottGem · Oct 14, 2008, 06:19 AM

Sounds like theft to me also. The lender would not take appliances, that would just make it harder to resell the house. You need to call the police and report it so you can put in an insurance claim.

You said you didn't give out any keys. Not even to Wells Fargo? If you gave them keys, then you relinquished the premises and they had a right to remove everything. But if you didn't, then how could they get in without leaving signs of forced entry?

Again, there have been reported instances of this type of thing happening. Neighbors know of the foreclosure so don't think anything of it when a truck pulls up and starts loading. So they don't call the police. So its easy pickings for the thieves. It really makes no sense from several standpoints for WF to do this. Call the police NOW! Even if it was WF, you should still call.

rockinmommy · Oct 14, 2008, 06:44 AM

Well, I hate to disagree with Scott and Excon, but this is not THAT uncommon for the mortgage companies to be behind this EXACT kind of thing! Espeically with the bigger mortgage companies. I know first hand of this EXACT thing happening at 2 properties in my town within the last month or so.

The property addresses get on "a list". The mortgage companies contact with movers to go in and clean out the foreclosed properties. These mortgage companies are SO BIG and SO CHAOTIC right now that the right hand doesn't know what the left hand is doing. It's NOT hard for the wrong property to get cleaned out prematurely. As far as taking all the appliances and the TRASH CAN w/trash in it... it sounds EXACTLY like a professional moving company. They're told "take everything", so they take EVERYTHING. As far as no sign of forced entry? Locksmith... no challenge there.

Do you know who physically came? A moving company, the landlord, guys in black clothing in the middle of the night? DEFINITELY call the police and report the theft. Do you have renter's insurance? Ask all the neighbors who was there packing up the house. Call Wells Fargo - better yet... if there's a local Wells Fargo Mortgage office, go in person. They're not just going to give up the info. Be very persistent.

I'm not suggesting for a second that what's happened is "right". I'm just saying that it IS happening.

Whatever you do... make sure you show up in court on October 23!

excon · Oct 14, 2008, 07:06 AM

Originally Posted by rockinmommy

I'm not suggesting for a second that what's happened is "right". I'm just saying that it IS happening

Hello mommy:

I don't think you disagreed with me. I just think you're dancing around with semantics. Another simpler word for what you said above is theft.

I also don't doubt that is was the mortgage company. That doesn't change their theft into something else. If it was them, they're entitled to the house - not the fixtures. If they took the fixtures, it's theft - plain and simple.

excon

ScottGem · Oct 14, 2008, 07:08 AM

Hmm, that really surprises me that the lenders would let that happen. Seems to me it would leave them open to a lawsuit that could overturn the foreclosure. It also doesn't make sense to remove appliances, unless they are just being put in storage pending a sale of the home to prevent the type of theft excon and I are talking about.

But either way, you should call the police immediately. File a report. DO NOT tell the police that you think WF did it, but do tell them the house is in foreclosure but you have an eviction hearing scheduled for 10/23.

And let us know the results.

rockinmommy · Oct 14, 2008, 09:54 AM

Originally Posted by ScottGem

Hmm, that really surprises me that the lenders would let that happen. Seems to me it would leave them open to a lawsuit that could overturn the foreclosure. It also doesn't make sense to remove appliances, unless they are just being put in storage pending a sale of the home to prevent the type of theft excon and I are talking about.

It IS surprising, and it DOES (I would certainly think) open them up to lawsuits.

I don't think they're intentionally doing it... I think it's just mismanagement. The person, or department, who files the eviction suit is probably not the same department who calls the movers to come clean out the property. All it takes is one crossed wire, and mistakes start happening. Having dealt with some of the big mortgage companies on issues realting to my normal, performing mortgages, and how difficult they can be to deal with... I guess I don't really find it that surprising that they would bungle this.