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DrakeLAW, Lawyer
Category: Real Estate Law
Satisfied Customers: 740
Experience:  Attorney at Drake Law Firm PLC
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My house was foreclosed on and without any notice the bank

Customer Question

my house was foreclosed on and without any notice the bank went into my house changed the locks and removed the furniture in my home and all my furniture stored in my 4 car garage (est value-$75,000-$100,000). they have offered my $10,000 for a settlement. I have people who moved my furniture in the 4 car garage since I had my house staged. I wish to sue them..Is this a valid course
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  DrakeLAW replied 11 months ago.

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Are you saying you didn't have notice of the foreclosure or didn't have notice that they went in and changed the locks and moved everything?

Customer: replied 11 months ago.
I did't have notice they went in and changed the locks and threw everything inthe dump. There was food in the refrigerator, electrictiy was husband and I are disabled veterans and were staying were friends closer to the VA hospital for some treatment he was recieving. Our neighbor was looking for a notice to vacate. They came in the back way. When my neighbor did notice someone i called the bank representative..their real estate agent..and they told me they were "squatters" and I needed to get up there to "chase them out"...even though it wasn"t my property wasn"t mine anymore. The house was multi-generation so there was a lot of furniture and family history...all in the dump.
Expert:  DrakeLAW replied 11 months ago.

That is just awful, I am sorry to hear about that. They are allowed to secure the property but not possess it or throw away your stuff until they have a judgment for possession. Do you know if they ever filed an eviction/forcible detainer action after the foreclosure?

Customer: replied 11 months ago.
No..The turn around was too quick. Two days after the actual deed was recorded the so called cleaners/squatters were on the property. I acyually talked to the cleaners, they told me they told the real estate guy someone was living there but of course no one is believed them and I'll never hear from them again.
Expert:  DrakeLAW replied 11 months ago.

Yes, I agree with the turnaround. Alright, so yes, it seems that you would have a claim against the lender. Do you have questions about that?

Customer: replied 11 months ago.
I'm not sure if this is revelent but the real estate agent that we dealt with lied and said the cleaners were actually squatters and we should get up there to remove them...My husband and I didn't even think that this wasn't our property anymore because we felt our stuff was there and was possibly being stolen or destroyed by these so called "squatters". We raced to the property in a blinding rainstorm in which a 2 hour trip became a 5 hour trip. When we got there and walked into the house and saw all our stuff had been throw out nad these squatters were actually representatives of this old man real estate husband and I are both disabled husband has a brain injury..When i talked to him he seem ed to laugh and get some personal joy out of our there anyway i can sue him for malicit intent. I still get angry when I think of him
Expert:  DrakeLAW replied 11 months ago.

Well if the real estate agent had some role in getting your stuff thrown out because he knowingly lied then sure you would have a claim against him.