Changed Locks on My Home (No Foreclosure)

[bucksamp74]

What is the name of your state (only U.S. law)? Texas

I am behind in payments (at the time of the lock change, less than 60 days). My lender had their field services vendor change my locks (changed deadbolts and removed doorknob locks) and padlocked the garage.

The house is not in foreclosure, although I eceived a delenquency notice placing an October second (10/2/08) deadline for acceleration. They did the lock change on 19 August.

They claim it was because the house was "vacant" and they "needed to secure the property". That being said, I have been in contact with them at least every 14 days, I have informed them I am selling the propety and that I have moved (they have my current phone number and address), there was a realtor sign in front of the house and all utilities were working (power, water/sewer, lawn maintenence, etc). I even have the thermostat set.

I demanded they rectify it immediately but they said I can go ahead and hire a locksmith and then they will reimburse me; that they won't do it. However, I think my rights have been violated (even criminally) and don't feel I should be the one fixing the problem.

Do the attornies or specialists here feel that I even need to deal with them anymore or should I begin a lawsuit?

Thanks to all and good luck to others in a bind.What is the name of your state (only U.S. law)?

[bucksamp74]

They never made any attempt to contact me regarding the mater prior to this activity, even though, as I mentioned, they have my curent contact information.

[bucksamp74]

Anybody have any ideas? Seems to me like they were WAY out of line...

[Zigner]

Fine - don't fix the problem. Stamp your feet and yell and shout.

Or, you could fix the problem and be reimbursed.


Totally up to you...

[bucksamp74]

Really, if you don't have anything productive to add, I'd appreciate you simply not commenting. Your response is absolutely childish. Obviously, if I were so complacent about someone violating my home and my rights as to simply say, "oh well... guess I'll do all the work in fixing their grossly negligent mistake", I wouldn't be seeking input from this forum.

It's exactly that pathetic attitude that makes these corporations feel (and rightly so with folks like you) they can trample all over our rights and then absolutely dismiss any accountability.

[TheGeekess]

Originally Posted by bucksamp74

Really, if you don't have anything productive to add, I'd appreciate you simply not commenting. Your response is absolutely childish. Obviously, if I were so complacent about someone violating my home and my rights as to simply say, "oh well... guess I'll do all the work in fixing their grossly negligent mistake", I wouldn't be seeking input from this forum.

It's exactly that pathetic attitude that makes these corporations feel (and rightly so with folks like you) they can trample all over our rights and then absolutely dismiss any accountability.

And it's folks like you that make this country 'sue-happy'. Zigner gave some practical advice. If you want to throw a snit fit, then you are welcome to hire an attorney, pay him boodles of money and have him tell you the same thing.

[bucksamp74]

Unbelievable.

I will leave the question open here for those who wish to share any experience or advice.

[Zigner]

Ok, big guy -

Let's say you decide to sue. What are you going to sue for? The actual damages you had due to the locks being changed, right? Well, you have to INCUR that damage before you can sue...

So, the way you want it to go is this:

Pay to have locks changed, then sue big bad corporation for the amount you paid.


The way I suggested is this:

Pay to have the locks changed, then hand the receipt to big bad corporation so they can pay you.


Look at it realistically...which is the better way?

[bucksamp74]

I honestly do not know why you feel it necessary to be condescending and rude. If the practice gives you some sense of satisfaction at others' expense, then I am happy for you, really.

At any rate, I ironically used to work for said "big bad corporation" and, unfortunately, my position was a casualty of the mortgage crisis. In the meantime, I am working on a finite budget until I am employed again so I am trying to avoid all the unnecessary expenses I can (ergo, the late payments). The thought of depleting a few hundred dollars and then having to fight with them to get it back is not tasteful.

However, if it seems the cost to resolve this through legal assistance will be exorbitant (i.e. the case has some very fuzzy aspects and would require several billable hours of attorney fees just to get a straight answer on whether I even have a legitimate "gripe"), I would logically choose to shell out a the cash for the locks and then resolve it in my own time.

Furthermore, the cost of the damages are not limited to simply changing the locks; it has cost me nearly three weeks of time I could have been showing my home while still paying upkeep (lawn care, utilities, etc) which I'm sure, if the mater were to go to litigation, would have some claimable value.

Your advice is sound; I was thinking the same thing. Your delivery, on the other hand, certainly lacks any decency. I was looking for constructive input, not a roasting, but I appreciate the root of your insight.

[Zigner]

Originally Posted by bucksamp74

Furthermore, the cost of the damages are not limited to simply changing the locks; it has cost me nearly three weeks of time I could have been showing my home while still paying upkeep (lawn care, utilities, etc) which I'm sure, if the mater were to go to litigation, would have some claimable value.

WRONG - you could have fixed the problem immediately. The nearly three weeks was entirely YOUR fault (except, perhaps, for a day or two to rectify the problem).

Your advice is sound; I was thinking the same thing. Your delivery, on the other hand, certainly lacks any decency. I was looking for constructive input, not a roasting, but I appreciate the root of your insight.

You're quite welcome - glad I could help.

[legaleagleprof]

Originally Posted by bucksamp74

I honestly do not know why you feel it necessary to be condescending and rude. If the practice gives you some sense of satisfaction at others' expense, then I am happy for you, really.

At any rate, I ironically used to work for said "big bad corporation" and, unfortunately, my position was a casualty of the mortgage crisis. In the meantime, I am working on a finite budget until I am employed again so I am trying to avoid all the unnecessary expenses I can (ergo, the late payments). The thought of depleting a few hundred dollars and then having to fight with them to get it back is not tasteful.

However, if it seems the cost to resolve this through legal assistance will be exorbitant (i.e. the case has some very fuzzy aspects and would require several billable hours of attorney fees just to get a straight answer on whether I even have a legitimate "gripe"), I would logically choose to shell out a the cash for the locks and then resolve it in my own time.

Furthermore, the cost of the damages are not limited to simply changing the locks; it has cost me nearly three weeks of time I could have been showing my home while still paying upkeep (lawn care, utilities, etc) which I'm sure, if the mater were to go to litigation, would have some claimable value.

Your advice is sound; I was thinking the same thing. Your delivery, on the other hand, certainly lacks any decency. I was looking for constructive input, not a roasting, but I appreciate the root of your insight.

I agree not only that the response seems to be rude, but that you have several damages in addition to the locks, and it is not reasonable to expect you to pay for their screw up in the first place. I would actually call the police first, as there was not only a breaking and entering, but a trespass and intentional damage to the premises. Unless they have some contract clause that is applicable, I see this as much as a criminal matter as a civil one. Also, you may get your damages as a restitution award rather than have to pay a lawyer to go after them in a civil suit. Just a thought.