Wednesday, December 22, 2010

Banks and their agents routinely break into homes in which they have no legal interest.

It should come as no surprise that the banks that were incompetent and sloppy in their handling of issuing loans and then foreclosing on them would also be incompetent and sloppy in their retaking possession of the homes they (may) have foreclosed upon.  It is not uncommon for banks or their agents to drill the locks, re-key the doors, damage the property and steal from the home under color of authority from a foreclosure sale.  Oftentimes the banks have no idea what Michigan law requires before they can retake possession of a property and assume that there is no redemption period.  The problem is compounded by police departments that are similarly ignorant and unwilling to take a report to document the problem.  Civil litigation may be the only recourse for a homeowner so violated.  The Michigan Consumer Protection Act may provide some assistance for homeowners, but the Michigan Supreme Court has dramatically reduced the scope of the Act making outcomes uncertain.  Still, it is my opinion that breaking into houses illegally before the end of the redemption period may, with the right fact pattern, be the basis for a MCPA lawsuit.

No comments:

Post a Comment