I purchased a home approximately 2 years ago via Wells Fargo 203k loan. Due to unforeseen circumstances I defaulted on the loan and was served with papers stating my home is facing foreclosure. The bank contracted a company to enter the home and randomly change the locks when I wasn't home. This happened at least 5 times in addition to the company leaving taped notices and stickers that left residue and also damaged the door and wall when they entered. Once I was able to get back on my feet I contacted the bank to make arrangements but they denied my request for a modification. I then engaged NACA to assist me in making monthly payments again. My main concern is the changing of the locks and constant entering the home against my wishes. The bank maintains they have to verify that someone lives there, despite the fact that I called at least once a week to make arrangements to keep my house. Do I have a case based on the above scenario?
State/Country relating to question: Illinois
contacting the bank, contacting NACA for assistance
You sure do have a claim against Wells Fargo and their contractors. During the time that they changed the locks and put stickers that defaced your doors and other property, the house was your property and they 1. Had no right to enter the property, and their reason for doing so appears to be a pretext because they had cause to know, or should have known, that somebody was living in the house and the real estate was not in any danger; and 2. Their methods caused unnecessary physical damage to your property for which they can be held accountable.There may also be criminal charges, such as trespassing and illegal breakinig and entering, that you could have the district attorney in your county bring against the bank and its agents.Good luck to you. I trust this is useful for your purposes. I wish you all the best. If you are satisfied with this, please rate thjis answer so I get credit. Thanks.
If possible, what should I ask in seeking an attorney for the above mentioned?
You should ask for an attorney who is not afraid to go to the mat for you against Wells Fargo. The attorney should want to take down the bank for these actions and should not be inhibited by bringing the claims discussed above and also to go to the district attorney in your area for possible criminal charges against the bank.Good luck to you. Please press the green ACCEPT button. Thanks.
Experienced real estate lawyer and real estate broker.
Dear Customer:Just writing to follow up and see how you made out with Wells Fargo. Have you decided to bring a claim against them. I recommend that you do, and if you like, I can help you with some thoughts along those lines. I think they might be willing to come to a settlement with you and pay you for the damage you sustained on their account.Please let me know if you have any more questions and if I can help further.All the best,WiseOwl58
Thank you for the follow-up. I'm having a hard time finding an attorney, I'm not exactly sure where my case falls within real estate law. I have an initial screening with a law firm tomorrow. I just want to ensure I receive the best representation possible. I could use any advice your willing to offer
Well, you want someone who is savvy about the real estate finance market and lending practices, but you also want someone who is very aggressive and a bit of a "cowboy" who is not afraid to go up against the bank and its agents for what they did to wrong you.The personality and presentation of your attorney-to-be is very important here. You want someone who is not going to get "blown off" by the bank but who comes off as very assertive and really believes in your case.If the attorney will take it on contingency, that is even better, because then the attorney has some skin in the game. So what you should propose is a pretty low hourly rate, say $75 per hour, but the attorney gets a "success fee," meaning that if you get a recovery over an agreed upon amount, the attorney will get, say 33 1/3% or even 40%. That will give the attorney an economic incentive to really fight for you.Good luck to you. Please let me know how it goes on Thursday. I am fully behind you and rooting for you to WIN.Wishing you all the best.Wise Owl 58
Still no luck in the matter. Am I entitled to any type of compensation for the damages and stress that steemed from the bank's actions?
Emotional distress is very hard to claim and win damages, particularly if there is no physical injury involved. You may have to show that the bank had an intent to cause you emotional harm, which could be hard to prove, or that the bank was so negligent in its acts as to create an emotionally damaging situation.Here is a worthwhile article that I have used before to discuss claims for emotional distress with clients and the background and status of Illinois law on it. You should discuss with your legal advisor whether it is worth pursuing a claim, but as I mentioned before, this is not easy to prove or win damages from.http://www.querrey.com/assets/attachments/188.pdfGood luck to you. I wish you all the best. I trust that this satisfies your question and I encourage you to rate the answer and close out the question. You can feel free to come back and ask additional questions in the future as you move forward with this matter.Thanks.
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