So yesterday my Dad and I get a new REO assignment - a single family house in the Johnson Lane area in one acre. We look at the MLS record when it last sold (2002). We know better than to expect it to look like this since we've sold some dogged listings before.
We go out to do an occupancy check, and FAS has secured the property, put decals in the windows, and put a FAS lockbox on the front door. Oddly enough, there are two people in the garage with two trucks in front of the house sifting through the stuff in the garage.
The guy claims to be the previous tenant and he moved out in June. He said he couldn't get in, so he broke in the door to the garage and rekeyed it so he would have access. He claims that the doors and molding, appliances and baseboard were sold by the previous owner after he moved out.
Well, something smelled really bad to me, so I went back to the office and called FAS. They had pictures of the property the day they secured it. FAS has just been there on Monday, July 27th. As usual, they documented the home condition with photographs, and wouldn't you know, there were doors! And molding!
So - I called the Calvary! I met the Sheriff out there and had my husband with me who is also law enforcement with another department. The Sheriff said some pretty ridiculous things - like, "If he was a tenant he has a right to be in the property"..."How do I know those doors weren't his property?"...My REALLY??!?! meter was running in the red!!
So I ask her that once the property was secured isn't it illegal to BREAK INTO the property to retrieve your stuff - if indeed it's your stuff? And I didn't even go into the - Doors, molding, baseboard, vinyl flooring, and appliances aren't YOUR STUFF speech... She can't seem to figure that one out, so I tell her - Just ask him to produce a utility bill, PO box record, driver's license, library card, I DON'T CARE - that has this address on it, and we will be happy to give him access to retrieve his belongings, however, he CAN'T go BREAKING INTO other people's houses! (I can't believe I'm having this conversation.)
So today after filling in the Asset Manager, my Dad goes back to the property and has my husband tag along. The guy is there again, in the house sifting through stuff. My husband calls two of his Sheriff-friends who were much more 'with it' - thank GOD!
The guy produces a garbage bill with his name and address on it. He admits to the Sheriff that he 'broke in through a window' and rekeyed a lock for his access purposes. He is then advised that 'that's a felony' and his eyes get REAL BIG. Everyone agrees to wait until he gets the rest of his stuff OUT of the house, and then he turns his key over to my Dad. Crisis averted! (No further discussion took place about the missing appliances or doors or molding - the bank is making an insurance claim.)
The bottom line is: If you are a tenant in a home that has been foreclosed, and your property is still inside the home, DON'T BREAK IN! Call the number on the paper posted in the window. Don't jeopardize your personal freedom in order to retrieve your belongings. You can not only retrieve them, but can be paid to remove them through a Cash For Keys Program most lenders offer. Taking matters into your own hands may cause you to be arrested, charged with a crime, and land you in jail. It's simply not worth it.
Posted By: Christianne Gordon - Northern Nevada Real Estate Agent - Realtor with RE/MAX Realty Affiliates, specializing in Carson Valley Real Estate and Northern Nevada Real Estate .
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Christianne Gordon, REALTOR®, CDPE, SFR, , PSC, e-PRO
Certified Distressed Property Expert - Short Sales & Foreclosure Resource - Pre-Foreclosure Certified
RE/MAX Realty Affiliates - Great Nevada Homes, Inc.
Direct: (775) 881-8223
Visit us online at GreatNevadaHomes.com or CarsonValleyShortsales.com
The information in Christianne Gordon's blog is deemed accurate but not guaranteed. Any individual considering a short sale should also seek independent tax and legal advice to get specific information as it relates to their personal situation. Christianne Gordon is a licensed real estate agent with RE/MAX Realty Affiliates serving the entire Northern Nevada region including Reno, Sparks, Carson City, Washoe Valley, North Valleys, Fernley, Dayton, Stagecoach, Minden, Genoa, Gardnerville, Smith Valley and Yerington.
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