Bank of America hired someone to watch my house in WI

[BuddyKur]

Wondering if anyone else has had someone watching their home? I have noticed this vehicle at my house 4 times since February. First time, I noticed this man looking into my home with binoculars. I got in my vehicle and took down his plate number and then pulled up along side him to ask what in the **** he was doing looking into my house. He informed me that BofA hired him to verify residence. I asked for his name, but he avoided that question. I informed him we do not have a judgement, we still pay our HO insurance, and our next court date is for a dismissal. I did report it to the police. He then came back to my house three times after that he has been taking pictures and parking beyond my house where he can see in from the back. I went outside and stood on my drive and took a picture, this is alwasy the same vehicle, same plate, and same man. I called the police because this is consider stalking and harassment statute 813.125. This person has no phone number listed and his residing county has not returned the call into my county police department. What should one do with this?

[Evan Bedard]

Hello Buddykur,

I have never heard of any lender having someone watch over a property in default. They will ALWAYS send someone to the property once it is in default to make sure the property is still being occupied because if it is not they are going to change the locks to protect their interests in the home. Also if you apply for a loan mod or short sale they will have someone come by and do a BPO to get a rough estimate of the current home value, which will consist of that person taking external pics of your home. But I do not see why this one rep would come back to your home 4 times now... Are you sure he is with BofA? Did you let BofA know about this person?

[OverandDone]

When my neighbor across the street foreclosed someone would come by every Saturday morning and take a photo and sit in their car with a clip board writing things down but they never stayed more than 10 minutes. This went on for several months.

[Evan Bedard]

When my neighbor across the street foreclosed someone would come by every Saturday morning and take a photo and sit in their car with a clip board writing things down but they never stayed more than 10 minutes. This went on for several months.

Wow every saturday? Foreclosure can take a VERY long time to complete and I do not see why they would send a rep down on such a regular basis to take pics of the property.. Maybe once a month would make sense, but every week is a major waste of time and $$...

[JustSharon]

Buddy:

I don't know what you should do in this case, it may depend on what you want from BofA. I know what I would do. I would take pictures, video every time I saw him, including his license plate if possible. I would call the police every time I saw him and report it as stalking. Tell the police that you and your family are afraid of this guy, 'cause something is not right with him. Just because you think (or he told you) that he is with BofA doesn't make it so. You have no proof that he is doing this on behalf of BofA. It sounds very suspicious to me. I would also report this to BofA -- in writing. I don't mean to get you worried, but there is no reason you should put up with this. You at least should know whether he is really doing this for BofA -- and that he is not just some free-lance wacko.

[TomEason]

JustSharon

Thanks for posting that sound advice.

The situation is especially suspicious in that the "stalker" refused to ID himself when Buddy accosted him.

[BuddyKur]

He has a clip board of some sort and usually stays for 20-45 min. I have reported each incident to the police department.

[BuddyKur]

The police department notified BofA and the county police where this man is from. But he continues to come around.

[OverandDone]

The police department notified BofA and the county police where this man is from. But he continues to come around.

Do you call the police while hes still there so they can come and talk to him?

[BuddyKur]

I have only talked to the man once. Yes I call the police while the man is here, however I live on a county line and it takes up to an hour before an officer shows up.

[Evan Bedard]

Well hopefully an officer will be closer by next time he comes around you property.. There is nothing he could be doing for BofA that would consist of weekly updates/pics of your home...

[BuddyKur]

Tom, what is more odd is that BofA attorney's did not show up for court on the dismissal that my attorney filed. Court is rescheduled for early summer. There has never been a judgment yet. This is our second time served, first one was dismissed with right to reopen. BofA had their attorneys try to collect to prior to the suspious assignment of mortage from MERS to BofA, which was notarized by an inhouse notary of BofA who has been brought into several other cases. All the documents from BofA continue to very. Some have loan numbers, some do not, only one of the five copies of the note have an endorsement in blank of. In addition, the broker fraudently tripled my husband income (the loan was only in his name) on the loan app and we were preapproved for a 30 yr fixed Rural Housing, but instead wrote on a 5 year ARM and a 2nd at over 12% interest on a 15 year balloon. We obviously were first time home buyers and had no idea. We were served the first time one month after the three statute of limitations ran out. In addition CW owned an appraisal company (LandSafe) who was paid to bring in appraisals at or above purchase price. We had a realator come in and we would be lucky to get $140,000 for the house and the original loan amount was for a total of $227,000, but who knows what we are at now. A rep from CW told us we had to quite paying our mortage to be considered for a loan modification. CW also had us cash in life insurance policies and quite paying credit cards because then they would work with us, BUT instead we went into foreclosure. None of our mortgage papers were notarized at closing, but magically have a notary seal on in the Exhibits attached to our summons. We were given the original loan app at time of closing and somehow CW had a loan app, but only with my husband's signature. Nothing adds up. There is one signature that you can tell is definitely not mine. Some how now of this matters in WI, our federal case against BofA was dismissed with prejudice. We were able to afford the payments while I was working but in March of 2008 my company downsized while I was pregnant with our fourth child. We don't really have any money and the attorney we have - this is not his field. Who knows what will happen. Any help or suggestions would be greatly appreciated.

[TomEason]

BuddyKur

Thanks for your post. I'm nonplussed at the expansion of your situation and problem! FYI, I know nothing about WI FC laws and am not qualified to comment on all of this.

Since you state this isn't your attorney's practice area, I might recommend you seek counsel with a good RE FC defense lawyer in your state.

[Kirby'sMom]

Where are you in Wisconsin?

[BuddyKur]

Central Wisconsin, outside of Marshfield. The person watching my house is from Dane County (Madison area). Rahter than paying 3rd parties to watch me maybe the bank should work with me. Do you have something similar going on?

[Kirby'sMom]

Not that I know of. Although, we live across the street from a school and there's always cars parked out front for school during the day and activities at the school in the evening. So, we would probably not notice. We have had yellow notices hanging on the door requesting that we call our mortgage company, though.

[BuddyKur]

I know a woman who is also with BofA and she gets phone calls at all hours and then hang up, In addition, people also knock on her doors at all hours (2am) and then no one is there. She has a dog for protection. I happen to have dogs and do not think someone would be dumb enough to walk onto my property.

[Evan Bedard]

I know a woman who is also with BofA and she gets phone calls at all hours and then hang up, In addition, people also knock on her doors at all hours (2am) and then no one is there. She has a dog for protection. I happen to have dogs and do not think someone would be dumb enough to walk onto my property.

She needs to file a report as well it is illegal for any debt collector to be calling at all hours of the night and especially having someone come down to her home at 2am

[Kirby'sMom]

I agree! They can't call after 9:00 pm or before 8:00 am.

[BuddyKur]

She has, but it has not stopped. I am not surprised at the length these large banks will go though. BofA tried suing the PMI on our 2nd, but lost because of the fraudulent activity in our loan. It appears they make more from foreclosing than helping keep families in their home. It is truly a shame.

[Evan Bedard]

Make sure to file a complaint with the FTC as well because they are violating the Fair Debt Collection Practices Act (FDCPA).

Report any problems you have with a debt collector to your state Attorney General’s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.

Debt Collection FAQs: A Guide for Consumers

[TomEason]

BuddyKur

You might advise you acquaintance that she can file a complaint with the FTC, the agency with responsibility for enforcing the FDCPA. She might also file a complaint with her state's attorney general.

The FTC will assess penalties against the caller. In addition, the caller can be sued for civil damages.

[TomEason]

Hi Evan

We were both typing simultaneously and your post beat me to it!

[Evan Bedard]

Lol we had posted the same advice too only seconds after one another!

[BuddyKur]

Thanks, I forward this information on!

[TomEason]

Lol we had posted the same advice too only seconds after one another!

Yes, and not surprisingly, we both rendered good advice, LOL.

[Oceanfire]

Wondering if anyone else has had someone watching their home? I have noticed this vehicle at my house 4 times since February. First time, I noticed this man looking into my home with binoculars. I got in my vehicle and took down his plate number and then pulled up along side him to ask what in the **** he was doing looking into my house. He informed me that BofA hired him to verify residence. I asked for his name, but he avoided that question. I informed him we do not have a judgement, we still pay our HO insurance, and our next court date is for a dismissal. I did report it to the police. He then came back to my house three times after that he has been taking pictures and parking beyond my house where he can see in from the back. I went outside and stood on my drive and took a picture, this is alwasy the same vehicle, same plate, and same man. I called the police because this is consider stalking and harassment statute 813.125. This person has no phone number listed and his residing county has not returned the call into my county police department. What should one do with this?

I work as a Mortgage Inspector. I am given lists every month, and I go out and take the types of pictures this article refers to. Some are delinquent on their mortgage, and I have to take a picture to verify occupancy and I give them a letter to call their lender or leave it on their door. On some, they are "drive-by" pictures which are either a mortgage company starting foreclosures and wanting to verify that someone is indeed still living on the property, others are people who have file bankruptcy and the mortgage company again wants a picture of the condition of the property and verification someone lives there. With the bankruptcies we are not allowed to talk to either the homeowner or neighbors, although honestly if I am confronted I give them as little info as possible to make them feel a little more at ease- usually if you tell them you are there over their bankruptcy just knowing that satisfies them. I also go to vacant homes and take both exterior and interior photos. Most of my letters are from BOA, but don't really know why they would "stalk" you like that... our assignments, at least for the company I work for are very straight forward, take you pic, give the letter if required, and leave. I do know that many of the properties I am sent to I am sent back monthly, as long as they are behind, but not to the extent you are talking about. Either this guy is obsessed with his job or you it sounds like. I hate doing these inspections, I feel like I am violating peoples privacy, but they are just a part of what we do. I try to get in and out as quickly as possible, and be as polite and sympathetic as possible giving the letters out....