3/6/2009
Christian - Some jerk calling himself a "bank representative" showed up at my house and RE-KEYED my property. I called the police! What is going on in this world? I am NOT yet in foreclosure but I have missed the past 3 months mortgage payments. I called your office and a member of your staff asked me if I received a "N.O.D" [Notice of Default] or a Notice of Trustee Sale and the answer to both is NO. I haven't received jack from this lender. Can they just walk into my house and re-key it?
Christian's Response:
Calling the police was a GREAT move. Make sure you get a copy of the police report. Here's what you do....Call your Lender and advise them as to what just occurred then call an attorney. This lender has absolutely NO RIGHT to act in any manner even remotely close to what you described. I will not quote law. I will leave that to the professionals with a bar license. You are more than welcome to email me back or contact our office anytime but at this point.......call the lender and advise them that you are no dummy and they have violated about 98% of the laws written to protect a homeowner and furthermore, trespassed on to your property. Tell the lender the entire story. [Remember all calls to your lender are RECORDED.] Document the bank reps name and the time you called. Raise hell. Make your case over the phone with them. Remember the questions my office asked you about (N.O.D.) Once you've finished and you've heard what they have to say, let us know .........
Reader's Response and Follow Up:
Hi Christian, Thanks for responding back to me so quickly. Well, I contacted [lender's name] themselves and get this, the rep told me "what do you expect if you don't make your payments?" I retorted ...... Sorry but I know my rights, you are to inform me in writing if I am in default with a NOD. Have you filed a notice of default, I asked?
BAM! Suddenly this "smart" bank employee wasn't so smart and immediately changed her tune. She explained that the notice of default was filed last week and they called a guy in to check out the property and change the locks, if possible. Could you believe those scum bags. Then, to add further salt to the wound, the rep told me that I would need to speak with someone in their "short sale dept" to see if I "qualify" for a short sale. CAN YOU BELIEVE THAT!
Thanks to this site, I was ready and prepared for that one!!! [See posting "I Need The Banks Permission"] I told the rep. I didn't need to speak anyone. Just put it in your notes that I will be doing a short sale and you'll be receiving a short sale package from a firm I retained, Thank you!
Christian I feel GREAT! You have empowered me !!! It pays to educate people.
P.S. I found out that the guy they sent out to my house was in "property preservation." I called this fatso back as well. He told me that if the property is empty the bank has all the right in the world to come in and just take possession. I told him not to worry about it anymore, my attorney would be taking it from here.
