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Discussion Starter #1
does anyone know the procedures for an agent in charge of a foreclosure, to order the locks on a home to be changed?

A locksmith changed locks on my house instead of the foreclosed house next door and stole my workvan keys and tools are missing as well. The neighbor witnessed the locksmith at the property earlier in the day, then hours later, the agent is walking around my house looking in the windows. Is the agent supposed to be present when the locksmith does the job?
 

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It depends on the status of the foreclosure. If the bank is the current legal owner of the property, then they can designate anyone to come onto the property and do anything they want with the property. Including removing abandoned personal property, which is what they would view any property of the previous owner as being.

The fact that they got the wrong house means that this should be a police matter. And possibly your homeowner's insurance as well if some pressure on the bank's agent doesn't get you some results very quickly.
 

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As mentioned before depending on the status of the house they have a right to come into it. In some states like Washington if its not fully back to the bank it's considered trespassing. To answer your question no the agent does not need to be present when the contractor changes out the locks. The contractors E & O insurance should cover anything that is happened. But in your case you just hit the lottery. Recently a friend of mine had a work order from a national company which gets their jobs directly from the banks changed out locks on the house and the homeowner said he was denied entry into the house. He had changed out to locks and there were three doors to enter into this home. Why the guy couldn't use the other door to get in is beyond me but at the end of the lawsuit homeowner was awarded 85 K. any personal belongings left in the home with a value greater than $500 must be approved by the national company before they are removed and then they are to be put into storage. The contractor is required to take photos of all personal belongings before anything is moved.Police attorney lawsuit probably in that order. Waste no time on this go for the jugular.
 

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That would make me so mad it is one thing to switch out locks on the wrong house but to take your stuff. And the peeping Tom agent.
 

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I've changed locks a few times, but on rental eviction properties. Every time I've had the sheriff there, to ensure my safety and to make sure everything goes smoothly. I don't know if that was absolutely a requirement, but I am a relatively meek guy and I would never ever have done it by myself. The tenants have always been there giving me the stink-eye and I feel terrible about it, but you've gotta pay your rent.

I've also taken stuff from properties where we've evicted people and considered it a tip from the landlord for having to do an unpleasant job. However, each time the tenant had been allowed ample opportunity to take their possessions both before and for several weeks after the eviction, so I've always considered the stuff well and truly abandoned. I'm talking about low value things: a Scrabble game, some knickknacks, a couple of books. The only thing that I ever took relatively soon after the eviction was a fishtank, including the fish. I was in the house a week after the eviction and horrified to realize that the tenant had left their fish behind. I took them so they wouldn't die and gave the whole setup to my sister.

I've never seen a tenant leave anything behind that was truly of value and I would have been a little weird about taking it if they had. One time we were very surprised that a family left all of their furnishings, including the big screen tv and xbox 360. When we started checking the stuff out we realized that it was all marked Rent-a-Center, so we called them and told them to come pick up their crap. Otherwise, I would have seen valuable stuff left behind as an indication that something out of the ordinary had gone on and just left it alone so I didn't get in any trouble.
 

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Discussion Starter #8
The call is in to the attorney. The real estate agent was sent an invoice this morning and has chosen not to pay for damaged. The locksmith's insurer said that they will not pay because it's not covered.
 

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72chevy4x4 said:
The call is in to the attorney. The real estate agent was sent an invoice this morning and has chosen not to pay for damaged. The locksmith's insurer said that they will not pay because it's not covered.
Sue them all for trying to give you the run around.
 

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Discussion Starter #12
the state police met with me, spoke with the parties and informed me they will not do anything about it and which court I could take the matter too.
 

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Thats pretty chitty on their part. Thats what is wrong with the world. People wont fess up to their mistakes. It may not be that big of a deal if they just fixed their wrong doing.
 

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That's messed up they break into your house take your items and the state police won't do anything. Wow all for paying taxes..hi ho hi ho off to court you go. Was there any kind of notifications posted in your window for what companies were doing the work?
 

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The only thing I can add is "document, document, document" This will probably end up being a long drawn out process and over time memory can fail on small items.
 
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