Although it is a homeowner’s responsibility to make their mortgage payments on time, these past few years have affected many Floridians financially and has made it difficult for residents to stay on top of their bills. Due to high delinquency rates and foreclosure filings, as well as the slow recovery of the economy, consumers have become used to the fact that they may have to deal with letters and calls from creditors regarding unpaid debts. However, consumers do not and should not have to deal with creditor harassment in Florida.
One Florida homeowner struggling to keep his mortgage payments current returned to his house one day only to discover that it had been trashed by his mortgage company. The man was behind on payments when his lender decided to raid the home of the owner’s belongings, but the home was never in foreclosure. The man now plans to sue his mortgage company.
After being away from home for a few weeks, a Florida man and his wife returned to find that the locks had been changed and their belongings were gone. According to reports, 21 Mortgage Corporation hired a local company to clear out the man’s home. His mortgage company, which is located in Knoxville, Tennessee, claims that they were under the impression that Florida was a “self help state.”
However, the homeowner’s attorney commented that Florida is not a self help state. The state of Florida has strict laws regarding how mortgages and foreclosures are handled. The attorney argues that the mortgage company violated the mortgage and foreclosure laws in Florida when they trashed the man’s home. Now 21 Mortgage may have to compensate the Florida homeowners for the loss of their belongings.
Furniture, electronic equipment and other items were all taken from the homeowners. The man’s wife even discovered that her wedding dress was torn and tossed in a dumpster. After seeing what had been done, the man said that his wife was “crying her eyes out.”
Homeowners who are struggling to keep up with their mortgage payments may benefit from filing for bankruptcy protection in Florida. Not only does bankruptcy help an individual keep his or her home while eliminating debts, but it also prevents individuals from having to deal with harassing calls and other illegal actions of creditors.
Source
WFMY News 2: “Homeowner’s House Trashed By Mortgage Company,” Devetta Blount, 1 July 2011