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Bank claims home vacant, changes locks

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    Homeowner fighting for his property

  • Duration 3:27
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-- in 2009 Richard Whitaker was in the process of renovating his rental property when the bank changed the locks without any warning.

Since then Richard has been fighting a massive law firm just to get his own house back.

They just treated me -- Like I was not -- this is a country of wars.

And -- on the right side of the war and I don't appreciate someone just confiscated my property and this is not trying -- This is not North Korea this is America.

The bank claims he sees that house because it was -- by Richard says they never contacted him and unfortunately which is story.

Is not unusual should accept Fox's legal analyst Bob -- is here with more Bob -- -- really sorry I think it's outlandish you say you say it's happening a lot.

Happens all over the country because we signed documents that nobody ever explains that's is basically says.

It affect the lender Bryant thinks that there collateral is in any way -- -- -- -- vacated.

They have the right to protect him when it things they could do is they can change the watches what's ridiculous.

When homeowners in America Brian are laid up on payments they know where to call that whenever there's a problem.

They know where to send the letters this guy's locks were changed nobody -- -- said.

Mr.

Whitacre have you abandoned this property if they -- called him.

It is said now this a rental property of renovating the property I could show you -- invoices from contractors.

It's outrageous but it's happening all over the -- -- because a subjective decision is made Brian.

By a lender to vacate that this up that a homeowner abandon the property.

Pick up the band telephone and asked them if you know work -- winner late on payments.

On the fight out of they've vacated the premises and this is Wachovia which is owned by Wells Fargo.

Are they often in the middle of these things like this.

As a matter fact here's a case out of New York I found yesterday Bryant where this happened in 2010.

And a higher court in in a New York actually found that the actions of wealth part Wells Fargo was inappropriate that did not act reasonably the same thing the people on vacation.

For example right let's say mr.

wicker was sick in a hospital.

Let's save that let's say he was on vacation or let's say -- went to Europe or let's say -- -- his family members you know we're sick that he was taking care for six months.

How can these people even -- under the under the contract they have the right to prepare to protect their collateral.

How did you get on a telephone call the god and God's sake here's what reduces -- why he injected Clemens changed the -- back let's listen again.

Up.

I didn't understand why they would do it there was no there was no pro -- -- There was no papers there was nothing pitchers did it ourselves -- a bank and national bank chances locks on property.

Are we a little nervous about going down there and change in the locks back I didn't know -- there -- forwarded right I didn't know if I would be arrested.

So here's who Wells Fargo say about -- get you to comment.

Repeated property inspections show the home to be vacant if a property -- our servicing portfolios delinquent and they Quinton.

And they -- but has not yet gone to foreclosure sale we will maintain insecure your reaction.

Completely self serving ridiculous even after they changed a -- right why not make what I'll call percent of a letter saying mister -- we change the locks on your own please contact us.

I hear it it's in this story -- Bob thanks so much for joining us and appreciate your perspective.

Thanks -- are.