Homeowner Suffers Through Series Of Lock Outs As Lender Changes Door Hardware Seven Times After Falling 30 Days Behind On House Payments

In South Florida, WFOR-TV Channel 4 reported on local homeowner Xavier Bracco, and the recent problems with his mortgage lender:

• [L]ast fall, Bracco's dream turned into a nightmare."I felt as if like everything was coming down," said Bracco. When he got a pay cut, forcing him to miss one mortgage payment by only 30 days. He called the bank to tell them the news. "I said I'd be late 30 days," said Bracco."

• But in March after he came home from a business trip he found someone had broken into his house. "I came in and starting seeing my doors opened," said Bracco. It turns out, the people who were breaking in were sent from the bank that holds Bracco's mortgage. They were sent there to change the locks while Bracco was away on business. It apparently was a strong arm way of taking possession of the house.

• "For the first time in so many years I started to cry," said Bracco of those times. According to logs kept by the contractors hired by the bank which were left on Bracco's kitchen counter, every time Bracco changed the locks back and then went off on business the crew sent by the bank broke back into his house and changed the locks again. "I changed one set (of locks)," said Bracco. "And they changed the other set."

• They did that seven times. According to logs the crew signed and left behind the bank has changed the locks at least seven times and they kept doing it until Xavier Bracco finally hired a lawyer.(1)

Source: I-Team: Mortgage Help Not Helping.

(1) Earlier media reports reveal that at least one Massachusetts law firm is apparently going around the country taking on these illegal lockout cases on behalf of screwed-over homeowners. See:

• Bank admits mistake on Willcox home foreclosure (involving an Arizona homeowner) (for a copy of the resulting federal lawsuit, see Newman v. Bank of America, N.A. and go here for the attached Exhibits),

• Family's recently purchased home, gutted by property removal service (involving a Michigan homeowner) (for a copy of the resulting federal lawsuit and accompanying Exhibits , see Rought v Deutsche National Trust Company, Trustee, et al.).

For those homeowners who've been screwed over by wrongful lockouts by foreclosing lenders (and their confederates) and seek some possible guidance on how much their cases might be worth if they seek to sue, see:

• Nevada High Court OKs $1M+ Damage Award To Homeowner Due To Mortgage Company Misidentification Of Home In Foreclosure (for the court ruling, see Countrywide Home Loans v. Thitchener, 192 P.3d 243; 2008 Nev. LEXIS 79; 124 Nev. Adv. Rep. 64 (September 11, 2008)),

• Long Island Judge Hammers Wells w/ $155K Tab For Oppressive, Heavy Handed, Egregious Conduct For Pre-Sale Lockout Of Homeowner In Foreclosure (for the court ruling, see Wells Fargo v. Tyson, 2010 NY Slip Op 20079 (Sup. Ct., Suffolk County, March 5, 2010)).