Yesterday, we told you about this Ohio woman who had her home wrongfully repossessed. Today, we have got a similar story developing in Indiana.
RTV-6, an Indiana ABC affiliate, broke the story of Michael, who wished to remain anonymous beyond his first name, and his family of four’s townhouse. The family lived in the house for 10 years, but recently decided to rent out the townhouse to move into a more spacious home. They found a tenant to rent the old townhouse but were forced to repay the rent the new tenant paid when, without warning, their mortgage company shut off utilities to the house and changed all the locks.
The locks were changed despite Michael being completely up-to-date on his mortgage payments on the home. Michael hired Indiana attorney Kathy Davis to handle their case. Davis said when she called the mortgage company, she received a response she had never heard before.
“The woman told me – this is something I’ll never forget, honestly – she told me that they were the mortgage company, and if they wanted to change your locks, they could,” Davis said.
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Davis has handled more than 100 mortgage disputes before, but still insists she has never encountered a response like this.
“This is something I’ve never heard of, ever," she said. "It’s the first time I’ve seen something like this ... In this case, I don’t know if they don’t want to admit they made a mistake.”
The mortgage company, Green Tree Financial and Safeguard Properties, declines to comment to RTV-6 on the case.
Indiana State Deputy Attorney General Jenny Bellar assured Michael and his family that they “are not at the whim of the bank.”
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Under Indiana law, a homeowner must get 30 days notice before a foreclosure claim is filed in court. After the claim is filed, a tenant has another 30 days to schedule a settlement conference. Only after a settlement conference and a foreclosure sale can the eviction process begin.