Changing locks on foreclosed occupied houses. - Page 2

Changing locks on foreclosed occupied houses.

This is a discussion on Changing locks on foreclosed occupied houses. within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; This scenerio falls into the same catagory as auto repos. If anyone is dumb enough to "break into" any house for any reason, particularly one ...

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  1. #16
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    This scenerio falls into the same catagory as auto repos. If anyone is dumb enough to "break into" any house for any reason, particularly one that's occupied by who knows what, they are asking for trouble. Sometimes a paycheck isn't worth getting shot at. Know what i mean?
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  2. #17
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    Quote Originally Posted by MattInFla View Post
    An interesting question. Florida's Castle Doctrine allow the use of deadly force to repel an intruder who unlawfully and forcibly enters an dwelling. The key question here would be whether the contractors are covered under the exception:

    So would these contractors fall under the "owner, lessee or titleholder" exception? An interesting question.

    OTOH, the intruder is armed with a screwdriver, so the presumption contained in 776.013 might not be necessary to cover the resident if they deploy deadly force against this unknown, armed intruder.

    Personally, I'd be ordering the intruder to leave at gunpoint. Whether or not he does will determine what kind of call gets made to 911 - send the police for a report, or the police and an ambulance for one shot.

    Matt
    Since the bank is the "titleholder" the contractor is an agent of the bank, keeping in mind that banks are inanimate and all employees from the chairman down are agents of the bank. The bank itself cannot enter; it's agents can. Right or wrong, it's not worth getting shot at or shooting at when one knows the house has been foreclosed. The are many steps in a foreclosure and/or eviction if it comes to that.
    Retired USAF E-8. Lighten up and enjoy life because:
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  3. #18
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    Quote Originally Posted by Ghettokracker71 View Post
    If I understand, if the property is foreclosed,the bank owns it. Therefore NO occupant has ANY rights to it as long as its foreclosed, Correct?

    (So, by theory, if someone is unlawfully occupying a residence, they have no right to defend it, right?)
    Yes, but there are situations in which the foreclosures are mistakes. Or, there have been situations where the folks trying to take possession of a home have simply gone to a wrong address--as happens now and again with warrant service.

    These are the dangerous situations. The person who doesn't expect someone at the door has no way to know if they are under criminal assault or a mere mistake.

    A person who is lawfully being foreclosed on has had plenty of warning. They know they are delinquent in payments. They received notices and warnings and opportunities to contest and to appear. There should be no surprise involved. They no longer own the home and can't defend what they don't own. Unfortunately, some people simply refuse to give up and leave.

  4. #19
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    Quote Originally Posted by Ghettokracker71 View Post
    If I understand, if the property is foreclosed,the bank owns it. Therefore NO occupant has ANY rights to it as long as its foreclosed, Correct?

    (So, by theory, if someone is unlawfully occupying a residence, they have no right to defend it, right?)
    Depends on the state.

    In CT forclosure is a matter of title to the property. It does not deal with who resides in the property.

    To lawfully remove someone from the property, the new owner must undertake a seperate action for posession of the property.

    In other states...I don't practice in other states, and unlike use of force laws which are pretty standard (within reason) the ins & outs of property ownership and posessory rights of people to that property are verry different.

    In some states forclosure may terminate your rights to be in the home automatically, while in CT it does not. This is a tennant friendly state. Other places are landlord friendly.

    In answer to your question - it depends.

  5. #20
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    When I was a locksmith, I always called for police presence while doing these. My company was mostly commercial, so we didn't see it often, but it always made me uneasy.

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  6. #21
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    I live in a house I am renting. Now that is a scary thought - that the owners aren't paying on their mortgage, the house could be going through foreclosure, and I might not know about it at all. If someone changed the locks, I'd be royally ticked, and would get a lawyer promptly. If a repo man burst in, my first thought would be to shoot.

    Not good, not good.

    *rummage, rummage* Where's my real estate agent's number? *rummage, rummage*
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  7. #22
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    I'm pretty sure the bank would have to give any renter due notice of eviction. I, personally, would not have a job breaking into occupied houses to change locks--not when there's so many Portapotties that need emptying. I do have my dignity!
    Retired USAF E-8. Lighten up and enjoy life because:
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  8. #23
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    Of course, this month several State AG's have discovered thousands of invalid foreclosures, with missing paperwork, false affidavits etc filed by lazy banks who are overwhelmed with foreclosures.

    One guy in Florida even got foreclosed by Bank of America without even having a mortgage!

    http://www.businessweek.com/news/201...n-woolner.html

  9. #24
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    If someone has a receipt for to live in a 'rented' property that is (unknown to him) in some kind of foreclosure process, I would think that you WOULD fall under FL's Castle Doctrine...I'd be protecting my home.
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  10. #25
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    What bothers me about this thread is: If a bank (or whatever) wishes to change the locks on a property, wouldn't they hired a reputable locksmith that is perfectly capable of opening the old lock without "breaking" in?
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  11. #26
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    Excellent question. I can't imagine the thought process behind the decision to send a convicted felon to break into someone's home to change the locks, as was the case in one of the events in the article posted by the OP.

    I also can't see, in Florida, a homeowner being charged after shooting a felon armed with a screwdriver in his or her home.

    Overall, this seems to be just insane to me.

    Matt
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  12. #27
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    Some property owners are reporting the break-ins to law enforcement as burglaries. Yet investigators consider the disputes a civil matter because the contractors do not display criminal intent.
    Breaking and entering is not criminal? That's news to me.
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    Quote Originally Posted by Guantes View Post
    Yes, not to turn this political, the banks had no choice but to halt this stuff after The Prez refused to sign legislation which would have made it easier for the banks to continue with questionable foreclosures. Bo A initially announced they'd stop processing foreclosures in 23 states, but after The Prez vetoed the legislation the banks wanted *bought* they halted foreclosures in all 50.

    Fraud is fraud, and perjury is perjury whether it is done by ordinary folks when they lie on their mortgage application or by big banks when they monkey with the truth on the foreclosure documents.

    The bank's own monkey business has come back to bite them. The mortgage paper has been sold and resold so many times they can't even produce the original mortgage documents for court proceedings in many instances.

    I'm not anti-bank, its just that their business practices during the past few years have driven our economy into the ditch and so I can't help but smile when they now get stewed in the boiling water they made.

  15. #30
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    Quote Originally Posted by Hopyard View Post
    Yes, not to turn this political, the banks had no choice but to halt this stuff after The Prez refused to sign legislation which would have made it easier for the banks to continue with questionable foreclosures. Bo A initially announced they'd stop processing foreclosures in 23 states, but after The Prez vetoed the legislation the banks wanted *bought* they halted foreclosures in all 50.

    Fraud is fraud, and perjury is perjury whether it is done by ordinary folks when they lie on their mortgage application or by big banks when they monkey with the truth on the foreclosure documents.

    The bank's own monkey business has come back to bite them. The mortgage paper has been sold and resold so many times they can't even produce the original mortgage documents for court proceedings in many instances.

    I'm not anti-bank, its just that their business practices during the past few years have driven our economy into the ditch and so I can't help but smile when they now get stewed in the boiling water they made.
    I hate that I have a 7 year mark on my credit due to a mortagers error and the freaking credit reporters and court sided with the bank
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