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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Attorney Dimitry K. Esquire I chatted with Pearl , Lawyer

Customer Question

For Foreclosure attorney Dimitry K. Esquire
I chatted with Pearl Wilson, Lawyer Assistant, she forwarded my info to you.We have a summer home in North Wildwood, NJ, which we have been negotiating a loan modification with DiTech Mortgage. On 2/28/2016 a property management company that was hired by DiTech to inspect the property, illegally entered the home. They literally kicked in the front door, breaking the door off the frame, and left the door unsecured and ajar. On top of ruining the front door, our hard wood floors were damaged due to water entering and getting under the floor. It also caused water to run into the crawl space causing mold to form on the concrete. I spoke to the property management company, Safeguard Properties, and sent them estimates for the repairs but they have been dragging their feet. The home was not in the foreclosure process at the time, the home is, not in any way, visibly vacant and there was no need to take steps to protect the home from damage.
The home is obviously not vacant, is fully furnished, heat always on in winter, well taken care of, and we stay there at least 1 to 2 weekends a month in winter, and from May 1 to mid Oct. (For the sake of the issue, assume me using the word OBVIOUS is accurate and can be proven later.) They apparently tried to break in through a bedroom window prior to kicking in the front door. The also cut off a padlock on our shed, where we store patio furniture, etc. This is odd because once they entered the house the would have easily known the home wasn't vacant. Sorry for the long background info.
Here is my real question and I guess argument to a court: Can further punitive damages be pursued. Everything that was done clearly violates the NJ Fair Foreclosure Act, not to mention it being a breaking and en earring crime. Other then the property damages, my daughter, 18, and son 20, have jobs there and spend quite a bit of time there. I have always instructed them to not answer the door. My daughter is no longer comfortable staying by herself or with friends, this will make it difficult with her job, and also has robbed her of the experience and fun of spending time alone and with her friends at the house. It has also caused ME major concerns for their safety while there alone. This mortgage company tactic is a common issue at the shore, which I was told by the local police, not a 1 time incident, which causes them concern.
If you feel I have a case for addition damages, do I go after DiTech (mort. co), Safeguard (property management co.) or both.
I have spoken with Real Estate/Foreclosure Attorneys and they don't seem to want to deal with anything but the basics. Any advice? Is there an attorney willing to work with me?
Thank,you for your time. Dan Naphys
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 6 months ago.

Hello Dan and thank you for requesting me. I will be happy to assist you with your concerns.

I must ask, did they lock the property once they re-entered, or did they break in, and then leave and leave the property alone?

Customer: replied 5 months ago.
I explained the entire incident in detail above.
Expert:  Dimitry Esquire replied 5 months ago.

Hello,

I apologize but I am trying to figure out the steps. Those questions were not asked purely without cause, I am trying to better understand the situation so as to figure out the most ideal solution. Please respond to my questions so that I an best help you, thank you!

Customer: replied 5 months ago.
They kicked in the front door. The door was left open and unable to lock due to the damage to the door and frame.

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