Lps requiring inspectors to tresspass??? - REO Property Preservation Forum
 
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post #1 of 1 (permalink) Old 12-01-2012, 10:36 AM Thread Starter
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Lps requiring inspectors to tresspass???

In recent conversations with vendors that are providing inspections services for LPS have stated that they are being asked to "tresspass" to aquire photos of utility meters...
Here is an article I found that adresses the issue...hope it helps those of you with LPS...

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Saturday, December 1, 2012 7:48 AM

A work order does not, in and of itself, make you an agent or employee of a bank. There is no Doctrine of Privity attached upon ANY Contract I have ever seen in this Industry ( http://foreclosurepedia.org has quite a few articles on this as does http://www.youtube.com/user/foreclosurepedia ). Now, the sticking point in law is whether or not the bank possesses a Writ of Possession. Albeit, I concur that we all know if something is occupied, we still do NOT have the legal right to egress upon private property (See generally the 4th Amendment to the Constitution of the United States and will not bore you with Shepardized caselaw).

With that said, we are in a sh*tty industry; much like that of the undertaker. There will be those whom will do anything for a dollar. That's the key: if you are risking having to post your own bond, hire counsel and pray to whatever G-d you believe in that the VM will pick up the phone when the police call to verify the veracity of the Work Order then more power to you. We do not dicker with these kinds of orders unless we have carte blanche papers from our employer(s) identifying us and having blanket authority with respect to their property(s). It's rare this happens as NO bank nor FSM will issue such as you ARE NOT an agent nor employee thereof!

So, the real question that boils down here is this: is it legal for you as a US Citizen to trespass/invade upon another's property (as you are NOT an agent/employee of the bank). The answer is a resounding and absolute NO unless there are clear, present and visually identifiable signs of abandonment.

This is, once again, the problem with Contractors. They are terrified to organize and create a Statement of Intent as to what they will do and how they will implement things. The Corporations did it, maybe the Contractors should wake up and see the writing on the wall!

For those of you wanting some caselaw, the defense to such is generally found here:

People v. Hubbard, 115 Mich. App. 73 (Mich. Ct. App. 1982)

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