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Question
I filed chapter 7 about 5 years ago and included my mortgage. Due to the house needed extensive repairs (including mold that is making the kids sick), we have decided to "let the house go". We are far from foreclosing at this time, but assume it will be coming fairly soon.
We found a place and 2 weeks ago started to move into the new house. We have been in touch with the bank letting them know our intentions. We have the majority of the stuff in the new house and have been doing a load or two through out the week. There is still a lot of stuff in the house. Or rather I should say there WAS still a lot of stuff in the house. Thursday we went to the house and both doors had big pad locks on them.
We did get in touch with bank on Thursday and we were told the locks would be taken off immediately. They thought the house was "abandoned".
As of today the locks are still not removed and after stopping by again today and taking a look in the windows after noticing items missing from the backyard and patio, that it seems most everything we were still in the process of moving is gone, including our stove/oven and refrigerator.. both which was fairly new and we were planning on selling.
What kind of recourse do we have at this time?
It sounds to me like you probably did everything just right, by letting the bank know your intentions and communicating with them.
)
Unfortunately it sounds like whoever you were communicating with at the bank failed to give accurate information to the bank's loss mitigation department, and the loss mitigation people assumed you had already abandoned the house.
Assuming you can prove what you have said, it sounds to me like you have a good case against the bank for trespassing, including damages for the loss of your personal belongings. Unfortunately, I have seen cases before like this, and it can be very hard to prove damages, such as the value of used appliances.
It may boil down to just your word against someone else's about what items were wrongfully removed, and the value of the items.
Your immediate step is to contact the person at the bank who you had the most contact with before this happened, and present them with an itemized list of the items that were wrongfully taken, the value of the items, and ask the bank for a check to cover it.
If you can't work this out with the bank, you can certainly shop around for a local attorney and see if you can find someone who will take the case. I think most lawyers will not take this on, as the case is probably not worth enough money in court to justify all the legal work that is involved.
Another alternative is small claims court, where you don't need a lawyer, and of course there won't be any lawyer fees to eat up any recovery if you win.
I do hope you recover something to make up for what has happened to you.
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Answers by Expert:
Los Angeles Bankruptcy Lawyer Leon D. Bayer
Expertise
Leon Bayer has successfully represented clients in bankruptcy for over 30 years. He is frequently called upon by the media, the California Bar and other associations to provide insight and help educate attorneys on bankruptcy issues. If you or other readers want to keep up with my blog postings about life in and out of bankruptcy, you can follow my blog at http://www.bankruptcyblogger.org/ and my personal web site at http://www.debt-relief-bankruptcy.com and A Human Guide to Bankruptcy at http://www.thebankruptcyguide.net/ Leon also writes about bankruptcy law for Nolo, see http://www.nolo.com/law-authors/leon-bayer.html and his "Ask Leon" bankruptcy law blog column at http://blog.nolo.com/bankruptcy/
Experience
Leon is a Certified Specialist in Bankruptcy Law by the State Bar of California, and has been a practicing bankruptcy lawyer in Los Angeles, California for 33 years.
Organizations
National Association of Consumer Bankruptcy Lawyers, California Bar Association, Los Angeles County Bar Association.
Publications
Author, ?The Essentials Of Chapter 13,? Daily Journal Report, December 18, 1987.
Contributing Editor, Basic Bankruptcy, California Practice Handbook, Matthew Bender 1992, 1993.
CEB Consultant, CEB-Personal and Small Business Bankruptcy Practice in California, 2003.
Education/Credentials
B.A., J.D.
Awards and Honors
President, 1995-1996-Los Angeles Bankruptcy Forum; Member - Los Angeles County Bar Association Committee on Commercial Law & Bankruptcy, 1988. Law Advisory
Commission-Personal & Small Business Bankruptcy Law of the State Bar of California, 1996-2000
MR. BAYER SAYS: The big banks and credit card companys have been working overtime for many years to undermine the Consitutional right of the American people to be able to claim bankruptcy protection. In 2005 the banking lobby successfully convinced Congress and the President to make the laws and proceedures more complicated, hopeing that it will stymie legitimate people from filing bankruptcy. They succeeded in gaining these complex new legal proceedures by greasing the legislative system with hundreds of millions of dollars in "campaign contributions." The good news for the American people is that while the new laws have made the proceedures needlessly complex to the point where inexperienced people can't help but trip over the maze of new rules and regulations, the process is still doable, especially with a lawyer who is well trained and experienced in this specialty.
Past/Present Clients
I have probably handled something on the order of about 15,000 bankruptcy cases thropughout my career.
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