Need legal/liability advice - REO Property Preservation Forum
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post #1 of 22 (permalink) Old 05-20-2017, 10:17 PM Thread Starter
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Need legal/liability advice

Got a work order yesterday..."repair sump pump. Inspection reports malfunctioning and throwing water onto the floor."

Went there this evening and there was a sign on the door....

PER LAWYER
DO NOT ENTER!
YOU AND WELLS FARGO HAVE NO RIGHTS.
(no contact info)

I've been in this home several times before. It is fully furnished with a finished basement, carpet, bedrooms, pool table, bar, brand new 52" LCD smart TV....the whole nine yards. Not stuff I wish to be liable for.

From talking with neighbors, the lady went to the hospital around Christmas and then passed away, leaving a son and daughter, as her husband had passed a few years previous.

Now I don't believe they are right...that Wells has no right to the property. Banks foreclose on unpaid property, not people, so a death would have no bearing on the situation.

I don't want to be liable for further water damage to the the content, but on the other hand I don't need some dirt bag attorney jacking me up for trespassing and whatever other trumped up crap he can get on me.

What would YOU do? Thanks!

PS I do not live in Washington where P&P is illegal.
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post #2 of 22 (permalink) Old 05-21-2017, 12:14 PM
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"Back in the day" I had this happen several times. I learned to skip The National and call directly to WFHM attorneys and discuss. Every time they would email or fax a letter to stay out of home until they could make contact with executor of the estate. I don't remember ever going back to the house afterwards.
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post #3 of 22 (permalink) Old 05-21-2017, 04:42 PM
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Better check with your own attorney first - laws vary from state to state. When I was in Louisiana - the bank had ultimate rights to the property - so long as proper paperwork was served - at ANY time. Now I'm in Ohio - where the bank only has rights at the exact moment of service on some oddly named paperwork.....but in the case of threat to the health of the property the bank - so long as the process has started - has rights to enter at will if uninhabited.

I'd just do the job - you got the work order in case law enforcement is called - and let it go from there. Just because someone posts a notice on a door doesn't mean it has any legal standing nor does it mean you have any reason to obey it.
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post #4 of 22 (permalink) Old 05-21-2017, 08:37 PM
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I would do the opposite. I would take a photo of the house, a photo of the note and report it as occupied, Let the bank figure it out.
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post #5 of 22 (permalink) Old 05-21-2017, 08:53 PM Thread Starter
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Quote:
Originally Posted by TripleG View Post
I would do the opposite. I would take a photo of the house, a photo of the note and report it as occupied, Let the bank figure it out.
That's what I did, except for reporting occupied. I know it isn't occupied. I was more wondering if I'm liable for further water damage. Like buddhalite said, just because they post a warning doesn't mean they have a leg to stand on.
It was 6PM on a Saturday and their was no lawyer or bank going to be contacted then. Had to make a decision then and there.
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post #6 of 22 (permalink) Old 05-22-2017, 07:45 PM
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It's not worth the risk for one work order.
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post #7 of 22 (permalink) Old 05-24-2017, 01:13 AM
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Agreed- I wouldn't assume the liability for one work order.

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If not satisfied please returned the unused portion of the product and we'll return the unused portion of your money.
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post #8 of 22 (permalink) Old 05-24-2017, 05:41 PM
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So who filed the report?

Not saying I would enter, I have seen those signs a few times and refused to enter the property

You know someone has been to the property to put up the note, did they then call in the report to see what would happen? did they alter the sump to pump water on the floor so they can claim damages??

I would make some cya effort to make sure my a had some cover, idk what to recommend, my confirm with the customer that they received your notification? maybe talk to your lawyer?

Stay away from fools, for you won't find knowledge on their lips.
-God
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post #9 of 22 (permalink) Old 05-29-2017, 11:56 PM Thread Starter
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Thanks for the suggestions....

Update on this....

My routine grass cut for this property has been cancelled by Wells. Apparently the homeowner, I assume the kids by inheritance, had at least 1/2 a leg to stand on. Good for them, hate to see the kids lose the asset just because mom passed away.

Now, just keep that attorney off my backside and we'll all get along just fine.
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post #10 of 22 (permalink) Old 06-22-2017, 10:58 PM Thread Starter
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Another update....

On Friday last week I received notice from the bank that the property "owner" claims that valuable items are missing from the home. They requested a statement from me stating otherwise.

Got an email today that read something close to this....

Initial grass cut pricing approved, please go to property and cut.

Please go inside and evaluate/bid any damages.

Ignore any signs or postings as all legal issues have been resolved.


You freikin kidding me?
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