Bank Broke Into House

[tanya0525]

We had moved out of our home about 2 1/2 months ago. We are giving up the home. We just had our 341 meeting October 6th. Our bankruptcy is not finalized yet. The bank has called us to work out a payment agreement on the house. Twice they called and we told them that we had filed BK. I gave them our case number, lawyer name, and lawyers phone number. I have had nothing sent to me in writing, just recent phone call to work out a payment plan (behind $12,000).

Last week hubby goes to the house and notice that the storm was broken into and the deadbolt (top lock) was gone. The curtains have all been open to expose that the house is empty. They put a new dooor handle with different locks. There was a note on the door stating that the house had been winterize and no trespassing.

Today we get a letter from the bank stating that the house appears to be vancant. If this is the case, we need to have vacancy insurance on the house. We need to fax them a copy of the proper insurance. At the bottom of the letter it states "The letter serves as notification that Bank Of America may enter the vacant property to make resonable inspections to ascertain its condition and security. Furthermore we may winterize and maintain heat in the property".

Hubby calls them after reading this letter. The CSR "Oh you filed BK. We don't show anything on record. We were planning to come out to the house on November 13th, but since you filed BK we will cancel that."


Has anyone have this happen to them. Have no clue what to do next.

[DebtEnder]

Are you giving the house back? if so does it really matter?

Do you still have stuff stored in the house? I can see it being a little unnerving but does it really affect you in anyway?

[PoorGrammyinBK7]

Since you just had your 341 and aren't even discharged yet, I would wonder if this is a violation of the automatic stay - in a big way!

And it also seems the left hand doesn't know what the right hand is doing at BOA.

[OhioFiler]

IF you abandon the property the bank has the right to protect its asset.

The negotiation of the repayment is a violation of the stay if they haven't had it lifted.

Don't worry about the insurance issue. The bank has effectively taken control of the property.

[AngelinaCatHub]

IF you abandon the property the bank has the right to protect its asset.

The negotiation of the repayment is a violation of the stay if they haven't had it lifted.

Don't worry about the insurance issue. The bank has effectively taken control of the property.

I agree and what I would have done is take a picture of the intrusion holding a current newspaper (as a time stamp) up in one of the pictures. I believe they have 'assumed' ownership. 'Hub

[DebtEnder]

I was going to say what ohiofiler said but never seemed to type it out.

As far as it being a violation of the stay I would lean towards maybe, however based on past case ruling it was not a willful violation. They were simply securing the property from possible further damage. I think a judge looking at it would see that it caused no harm to you whatsoever and let it drop.

In a sense they did prevent access to the property during the stay, but it appeared there was no access needed. I personally would not pursue it.

[frogger]

Last week hubby goes to the house and notice that the storm was broken into and the deadbolt (top lock) was gone. The curtains have all been open to expose that the house is empty. They put a new dooor handle with different locks. There was a note on the door stating that the house had been winterize and no trespassing.

If you had moved out, if power and water were turned off, then they probably had the right to protect their interest in the property. By posting the notice of entrance and as to whom had the new keys, they should have done what is required by law as to the changing of the locks.