Notorious National Foreclosure 'Trash-Out' Contractor Tied To Another Allegedly Illegal Lockout; Lawsuit-Filing Homeowner Says He's Current On House Payments & Is Still The Owner
In Carmel, Indiana, WRTV-TV Channel 6 reports:
- A Hamilton County family is taking legal action after they were locked out of their Carmel townhouse.
Michael, who is father of three and husband, asked RTV6 not publish his last name. His family has lived at 11889 Esty Way for 10 years until April, when they decided to move to a bigger home and rent out their townhouse.
Michael found a tenant, but he was forced to refund the money when their townhouse was locked and the utilities were turned off. "Our lender changed the locks on us," Michael said.
A notice was left on the Esty Way townhouse from Safeguard Properties , a company that works with mortgage lenders in securing homes being returned to the banks. Safeguard's posting alerted the family that, "all persons entering this property (must) provide an explanation of their visit, sign and date the form."
Michael was locked out, even though his bank statements show he is current with his mortgage and his loan doesn't mature until 2033.
"That's the glitch. That's the problem and that's why we're hoping you can help," Michael told Call 6 Investigator Rafael Sanchez. "We try to do everything honestly on the up and up. It's been very stressful. It's been hard."
The family hired lawyer Kathy Davis to deal with their mortgage servicer Green Tree Financial.
"The woman told me -- this is something that I will never forget, honestly -- she told me that they were the mortgage company, and if they wanted to change your locks, they could," Davis said.
Davis has handled more than 100 cases involving mortgage companies. "This is something I have never heard of, ever," she said. "(It's the) first time I've seen something like this." Davis has filed a lawsuit in Hamilton County seeking damages.
The family was unable to regain access into their property until late June. "In this case, I don't know if they don't want to admit they made a mistake," Davis said.
Green Tree Financial and Safeguard Properties declined to comment on this story due to the pending litigation.
See Report: Insider Says Allegations Of Incompetence, Malevolence & Larceny Are All In A Day's Work For Trash-Out Contractor That Screws Over Distressed Homeowners for an earlier post on the now-notorious foreclosure trash-out contractor Safeguard Properties.
- 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 (Nev. 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, 27 Misc.3d 684, 897 N.Y.S.2d 610 (Sup. Ct., Suffolk County, 2010); reversed on procedural grounds Wells Fargo v. Tyson, 82 A.D.3d 757, 917 N.Y.S.2d 914 (App. Div. 2d Dept. 2011).
- 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),
- Couple: Bank Foreclosed On Wrong House (New Bedford Couple Suing Bank Of America) (involving a Massachusetts resident with a home in Florida) (for a copy of the resulting federal lawsuit, see Cardoso v. Bank of America, et al.),
- 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.),
- In a Sign of Foreclosure Flaws, Suits Claim Break-Ins by Banks (involving a California homeowner) (for a copy of the resulting federal lawsuit, see Ash v. Bank of America),
- Former Lake Villa couple sues Bank of America over ‘illegal’ lockout (involving a Chicago, Illinois-area homeowner) (for a copy of the resulting federal lawsuit, see McKee v. Bank of America).