Banks Breaking Into Occupied Homes In Foreclosure To Change Locks

UPDATE: Jacobini and her lawyer, Matthew Weidner, told MSNBC's Dylan Ratigan that Jacobini "is not in foreclosure at all." An earlier report from WFTV incorrectly stated that she was in foreclosure. Scroll down to watch.

In their zeal to complete foreclosure proceedings, some banks send representatives to change the locks on properties in foreclosure, even as they remain occupied. The incidents of lock-changing pile further skepticism on a process recently plagued by scandal.

A contractor for JPMorgan Chase changed the front door lock on a woman's home in Orange County, Florida, as she hid out of fear in her bathroom, Eyewitness News reports. The woman, Nancy Jacobini, was reportedly three months behind on her mortgage and her home was reportedly in foreclosure, but, according to Eyewitness News, the bank isn't legally allowed to change the locks on an occupied home.

The lock-changing strategy is intended to protect a property's value, since owners experiencing foreclosure often abandon their homes, leaving them vulnerable, notes Sarasota's Herald Tribune. To Jacobini, the bank representative seemed like an intruder, and she called the police.

"I'm locked in my bathroom," she said on a 911 call. "Somebody broke into my house!"

WATCH: Jacobini and attorney appear on Dylan Ratigan

WATCH: WFTV interviews Jacobini, replays 911 call

Sarasota's Herald Tribune reports similar cases: Renters in a Florida home apparently in foreclosure came home from the beach to find the locks changed -- and some of their possessions stolen. And a Sarasota landlord, the Herald Tribune reports, said Bank of America tried to change the locks on her condominium three times, even though she said the building wasn't even in foreclosure -- an often lengthy process that usually involves a default notice, a scheduled auction and, finally, a bank repossession.

As the Herald Tribune notes, the legal action against lock-changers has been civil, not criminal, because lawyers cannot establish that the banks have criminal intent. Still, it appears that the banks' agents take illegal liberties: In the rented Florida home, lock-changers reportedly stole a laptop, an mp3 player and six bottles of wine.

Bank representatives sometimes change locks even before foreclosure proceedings begin, Florida's Palm Beach Post reports. Since banks hire local companies to change locks, the paper notes, it's often difficult to figure out who has actually done the lock-changing and on whose authority.

As GMAC, JPMorgan Chase and Bank of America suspend foreclosure proceedings because of doubts about the legitimacy of some foreclosure documents, the nation's foreclosure process could face a massive stall, which in turn could further hinder a housing market recovery.

More Americans lost their homes to foreclosure in August than in any other month on record, as banks repossessed 25 percent more homes that month than in August of last year.

Comments

[samjackson0506]

01:19 AM on 10/13/2010

what a great article you have written good work keep it up so that we may be getting benefited by your views and please do write articles on different topics also.Sarasota attorney

[Beth Ann Munson]

10:27 PM on 10/11/2010

Who are these idiots that keep posting comments about "homeowners who are not making their mortgage payments?" Like myself, many of these people have owned their home for years, but have become ill, lost jobs, or are caring for an elderly parent . I had all of the above, I fell 2 mortgage payments behind. Chase Bank convinced me to fall3 payments behind,then I could qualify for their "Modification program" which meant that I would have a trial period of 3 months with a reduced monthly payment. After the 3 months, I would continue that reduced payment for the next 5 years at a 2% interest rate.Then I would return to my original Mortgage payment at the going interest rate, and the amount I owed would be tacked on to the end of my Mortgage Loan of 20 years. But, It never got any further than the initial application! I payed the reduced mortgage payment for 11 months, with excuses(that they didn't receive all the required documentation, even my lawyer sent in! See ( KCNC News @ CBS.com), I contacted Colorado Senator Mark Udall, I wrote the U S Treasury. They reopened my case, and investigated Chase Bank finding inconsistences.
2.1 Million construction related workers are out of jobs.Why ? There are 4 million homes unoccupied .What happened to the $75 Billion given to Banks to help Homeowners? I am now out $10,000 in fees and penalties, all because I got behind 2 payments initially! Beth Ann

[Angel Whitebird]

11:06 PM on 10/09/2010

"the legal action against lock-changers has been civil, not criminal, because lawyers cannot establish that the banks have criminal intent." ..This is BS!..Its a crime to force people out of their homes!!..Its criminal intent for the rich man to uproot a homeowner from his home!!.Banks can definitely afford to work with people to keep this from happening...Its just a matter of time before people implement "Homestead rights"..GREEDY S.O.Bs!

[janejoad]

08:47 PM on 10/09/2010

How about we take ALL our money out of the bank? What little we have left anyway. I'm all about cashing that UI check and paying my bills with money order these days.
My lender, A Berkshire-Hathaways owned corporation 21st Mortgage, has called my husbands first wife (he's been divorced from her for over 20 years) and told her SHE would be responsible if we don't pay. There is no co-signer on our loan. She asked them how they got her number, they said, they had her SS# and Bank acct#.
They search phone records and credit reports and even use google earth to get the names and phone #'s of neighbors to call them. WTF?
Their practices are highly unethical.
They've taken up the Republican line of telling people what deadbeats they are for being unemployed, and "you signed a contract" as if I weren't aware of what the ramifications were.
I told them to do what they had to do, but guess what? 4 months, NO NOTICE OF DEFAULT. Why is that? I asked them to give us a moving date, I told them we'd cooperate with them, but I CAN"T POOP MONEY and I don't think I'll be able to anytime soon.
I'm using the money we have to eat, pay a car payment and insurance, and utilities.
WE need jobs NOW!
The next person who buys this house will get all the upgrades an landscaping that WE did, and we lose about $45k.

[speakingout]

11:52 PM on 10/08/2010

JP Morgan Chase sent their theives to break into my house and stole personal items, changed my locks without telling me. They send the Property Preservation Company, another division of MERS. The major banks & title companies own MERS collectively, where they traded notes and mortgages like baseball cards, to avoid paying the recording fees that are required in a "true" transfer, defrauding the counties of revenue. They have outright stolen over $16+ Trillion of property in the last 2 - 3 years. Vote out ALL the crooks in DC or in your state that have allowed this to go on this long. This is the theft of America!. Stand up and DEMAND a moratorium or the housing market will never stabilize. The banks are dumping the houses on the market at fire sale prices bringing down everyones values . yet they won't reduce the overvalued loan amounts. Send the crooked banksters to jail!

[janejoad]

08:23 PM on 10/09/2010

Hear! Hear! Fanned and Faved!

[Dark-Star]

02:47 PM on 10/08/2010

At times like this I understand completely why my friend, who can barely bring himself to swat a fly, has a shotgun almost big enough to be called field artillery.

It isn't just masked men in the middle of the night who come to steal your stuff...it's crooks in suits in broad daylight!

[Ann Starke]

07:15 PM on 10/08/2010

...field artillery...LOL

[Dark-Star]

02:55 PM on 10/13/2010

I'm serious. If it wasn't double-barreled you could put the thing on wheels, give it a paintjob, and pass it off as a smallish cannon.

[OnlyaKing]

10:00 AM on 10/08/2010

how about paying your payment than there will be locks being changed

[Jim Accardi]

12:18 PM on 10/08/2010

that would be easy if you had a job and in case you didn't read the article these homes were not in foreclosure nor o you know the circumstances. The lock changing was done illegally.

If we not in the middle of the the great recession then maybe you could say hey you bit of more than you can chew. Unfortunately , because of the economy millions of people face this and will face this horrible event. I know people who lost jobs and didn't pay their mortgage for a few months , got a new job, worked out a plan with the bank and are back on their feet. Just because you missed a few payments does not mean you cannot work something out with the bank and it is a lot better than walking away from your responsibilities. These people are there trying to work something out and these banks have no rights to do this even according to their own contracts.

[aabbb]

01:10 AM on 10/08/2010

Chase has 3 bank branches on the same street within ten blocks in Queens NY 11366… 176-70 Union Turnpike & 186-03 Union Turnpike & 187-15 Union Turnpike

[kells1001]

11:56 PM on 10/07/2010

Banks have continually shown they will excessively and illegally overcharge clients, reduce credit lines after money has already been spent. insure mortgages for the specific reason to foreclose and end up charging the taxpayer. Even this latest trend to halt foreclosures is temporary and nothing more than smoke and mirrors. while banks and their lawyers are eager as ever to collect homes and destroy lives. Politicians are conveniently always one step behind and gather information only to supply lawyers with massive profits from class actions that do nothing for victimized consumers. I'm surprised banks haven't come up with that automatic locks that allow them to change combinations like is now done to shut down vehicles where people are behind on their payments.

[Taninthesummer]

10:02 PM on 10/07/2010

President Obama,

You MUST NOT abandon the American middle class! This is your moment to raise your reasoned, yet passionate voice, in our favor. Please, do not allow the banks to take control of this situation. They are not worthy. We are.

[ebruce2]

07:39 PM on 10/07/2010

These contractors should be more concerned about what may be on the other side of that front door that they're breaking into. We ARE, after all, a society born of the use of firearms, like it or not. I know MY castle is protected...

[Dark-Star]

02:49 PM on 10/08/2010

Idea to keep this from happening: buy a chunky old padlock for cheap, put a big bullet through it (or have someone else do so), and hang it on your front door. Should send the message quite nicely.

[LMAllisonJ]

07:15 PM on 10/07/2010

I have a great idea, how about pay your mortgage!!! Where in the world do people get off wanting something free? My husband owns a property preservation co. that does clean-outs and maintains these foreclosed houses. The bank wouldn't even send someone in the first place if the homeowner would just communicate with them. We've seen people drag out not paying their note for 2 years just because they did stay in contact with the bank. Sending a person is last case scenario and there are steps to follow before entering a property to rekey it. You have to contact a cop and do a writ, these people are downright lying about their homes not being in foreclosure. They have plenty of notice from the bank or lender and the police also post warnings and notice to vacate on the door. Let be real also, you know if you haven't paid your house note in months SOMETHING will happen, was the bank just supposed to let them stay for free?? This affects ALL OF US. The cop will actually tell the workers any belongings in the house are now your property and at that point it's the responsibility of the worker to remove all belongings from the house. It would be pretty stupid to pull a lawsuit on the worker for doing their job, then again what type of character and morals do you expect from someone who doesn't pay their bills.

[layla1]

06:44 AM on 10/08/2010

Banks have been manufacturing paperwork off shore, the documents that they are providing the courts are false, they do not return phone calls to the home owners, they lose paper work, Hopefully when some of these houses are returned to their owners, your husband will be arrested for breaking and entering along with the rest of the criminals he is working for.

[RockydaDog]

09:57 PM on 10/20/2010

Fanned and fav'd. Thank you.

[wendyshyersayles]

11:02 AM on 10/08/2010

Your husband owns a "Property Preservation Company," and you are generous enough to remark that, "This affects all of us." What if everyone paid their mortgage (your solution) and your husbands business went out of business? How would you pay your way? I understand you state how everyone is affected, a vague concept, but this is true. We agree. Now, follow that thought for me and connect morals and "the type of character" jab. Why are you so angry?

[James17]

06:49 PM on 10/07/2010

People working for the elites for a few numbers on a computer screen against people who's numbers have run out on a computer screen that the elites then say to their hired goon, 'Go, f--- those people, I don't care if they are pennyless, I want what I want when I want it and I want all that they have and I want it now.' 'I don't care if I took government money that was their tax money. I have a lust I must feed and the more people, men, women, childern, sick, old, and even dying the better I feel until the next victim comes up on the screen.' 'Goon, if you want to feed your family and stay alive, then you had better do as I say or you will be next.' 'I want what I want and that is everything, everywhere, and I WANT IT NOW.' http://www.countercurrents.org/smith021010.htm

[Duppy]

06:32 PM on 10/07/2010

Bankers are not called Rethugs for nothing

[MarsAmbassador]

05:27 PM on 10/07/2010

This is all just part of The Plan. They are shaking the tree on the way to owning absolutely everything. Let George Carlin explain it to you:
http://www.youtube.com/watch?v=Cr7ePrCAqzo&feature=related