Property management co. ripped me off...Need legal advice

[Grouchyoldguy]

So I have a house on short sale. My wife moved out several months ago and most things went with her. I stayed on but I work out of town and only come back on the weekends. To help with the short sale I moved what little was left out to the garage and when home I stayed in my travel trailer along the side of the house. An empty house is easier to show and hopefully sell was my thinking. About six weeks ago I came home on the weekend and found someone had come in and mowed the mostly weeds in the back yard. They also used a pair of channel locks to force open the back garage door and enter the house thru the unlocked kitchen/garage door. They replaced the back garage handle with their own and put this super cheapo realtor type combo lock box on it. Looked like something from Home Depot. There is already a realtor lock box on the front door. Now I'm worried. Since it is okay to break in to the house what about next week? Will they have broken in to my trailer? They already unplugged it to mow and didn't plug it back in, ruining everything in the fridge. There are valuable electronics/jewelry in the trailer. I had somewhere to go lined up already so I towed my trailer out, albeit earlier than expected. I took what I could carry from the garage too. During the next few days I tried to contact my lender but all I get is voicvemail and no calls back. Next week I come back and check and sure as shit they have taken everything from the back yard. Some trash in bags, an old lawn chair, all obvious garbage. They also took a pressure washer, a propane fired pool heater for the hot tub (hot tub was already gone), a12x12 roll of new carpet wrapped in plastic, a stack of firewood, and some misc. fencing materials. That stuff I wanted but couldn't get out with me. I've been trying to call the lender ever since and still no calls back. I was effectively run off by the property management company and then they stole my stuff. Sheriff department said it was a civil matter and wouldn't take a report. Fast forward to this weekend and lo and behold... my pressure washer is for sale on Craigslist for $500. I call the sheriff again and he calls the seller. Yep, the guy is a helper for some other guy that works for the property management company. The sheriff makes him bring the pressure washer to the station but the guy claims everything else went to the dump (sure, a $1500 pool heater went to the dump along with firewood).
Sheriff says it is a civil matter (and he is likely right) but what was taken isn't worth a law suit. I'm hoping for a settlement from the lender but can't get them to answer a phone.

Opinions ATOT? Is what they did legal ( I stiil owned the property) Ever hear of a settlement for something like this?? Am I screwed?



cliffs:

I'm no longer on the property due to actions from agents of the property management company
Agents of the property management company take my shit and sell it on Craigslist
Lender that hired the property management company won't call me back

Legal advice/other opinions from ATOT wanted


Update

Saw an attorney and was told I have a good case. I am still the title holder for the property (she checked) and they may only be on the property if I have been evicted or the property is declared abandoned. There has to be notices posted for either of those to happen. A letter has been sent to the company that services the mortgage and the property management co. cc'd. It outlined the basic facts, the laws broken and the civil codes violated. A settlement amount was included. Now, I wait and see. The attorney said she has about a 50/50 response record from these people.

 

[edro]

Was the house foreclosed on? Were you evicted?

I don't know how short sales work.

 

[Grouchyoldguy]

Was the house foreclosed on? Were you evicted?

I don't know how short sales work.

Was not and am still not evicted or foreclosed. I am still the legal owner of the property and can move back in any time I wanted. Short sale is a bank approved sale for less than owed. Nothing really special other than the bank must approve as well as me. The home is currently in escrow and the new owner should close in the next few weeks. Until then, the house is mine. In the applicaion for short sale I did not sign anything that gave the bank authority to make changes to the property.

 

[edro]

Not sure what you're asking advice on then.
If your property was stolen, report it as such. (you already tried with the police)

Report it to your homeowner's insurance company as stolen and have it replaced.

 

[Brainonska511]

If your property was stolen, report it as such. (you already tried with the police)

Don't tell the police it's some weird dispute where they might blow you off. Tell them it was stolen, as it was actually stolen.

 

[T_Yamamoto]

Sue sue sue

 

[sixone]

First things first: get a lawyer.

 

[Blieb]

Without even reading [yet] ... my legal advice is to seek legal counsel.

 

[SagaLore]

Don't tell the police it's some weird dispute where they might blow you off. Tell them it was stolen, as it was actually stolen.

Yea this.

 

[Grouchyoldguy]

First things first: get a lawyer.

I'm thinking at least a consultation. I think the cost of an attorney might be far greater than the value of the missings items in the long run. Hoping ATOT would come up with an angle I had not thought of or some legal expertise.

 

[Blieb]

1 - Yeah I would report it all as stolen.

2 - Call the people the lender is using to do this and tell them everything needs to be replaced immediately or you are going to come after them. They can give you cash, replace with the original items they took, or purchase new replacement items.

This kind of crap can make the sale fall through ...

If the first 2 things don't work - hire a lawyer.

 

[edro]

Hey, maybe you can win a lawsuit, collect damages and keep your house.

 

[Grouchyoldguy]

Don't tell the police it's some weird dispute where they might blow you off. Tell them it was stolen, as it was actually stolen.

I told the sheriff the whole story. When he called the guy selling my things he would have been told anyway. I would rather be straight up than withhold. If they think you are being deceitful then they won't help anyway. The sheriff was able to get the names/ phone numbers of the other person involved and his boss at the property management company so I got a little something more.

 

[Grouchyoldguy]

Hey, maybe you can win a lawsuit, collect damages and keep your house.

Honestly, I'm not interested in something for nothing. I would just like my items back or replaced.

 

[sixone]

Who is paying for the property management? In other words, are they working for you, or for the lender?

 

[Grouchyoldguy]

1 - Yeah I would report it all as stolen.

2 - Call the people the lender is using to do this and tell them everything needs to be replaced immediately or you are going to come after them. They can give you cash, replace with the original items they took, or purchase new replacement items.

This kind of crap can make the sale fall through ...

If the first 2 things don't work - hire a lawyer.

All good suggestions. I have left a voicemail with the person overseeing the short sale but no call back. Last call I got a recording saying her voicemail was full. I'd hate to bomb the short sale over this. The person buying the house had nothing to do with it. If the house wasn't in escrow I could make things right with some appliances and a few ceiling fans. Not my way of doing things tho.

 

[CoachB]

Why is there a property management company? I thought this was your house. I would think anyone entering the property without your express permission would be guilty of breaking and entering. What is the rest of the story?

 

[Grouchyoldguy]

Who is paying for the property management? In other words, are they working for you, or for the lender?

They are hired by the lender. The company is out of Az. and they have a local guy. I'm in Ca. and the local guy doesn't have any business entity I can find. Not sure if he is an employee or a sub-contractor.

 

[sixone]

They are hired by the lender. The company is out of Az. and they have a local guy. I'm in Ca. and the local guy doesn't have any business entity I can find. Not sure if he is an employee or a sub-contractor.

What kind of agreement do you have with the bank, as far as securing your property? Do you have homeowners insurance on the house?

 

[Grouchyoldguy]

Why is there a property management company? I thought this was your house. I would think anyone entering the property without your express permission would be guilty of breaking and entering. What is the rest of the story?

There is no rest. I said the same thing to the sheriff and he said the guy claims he has authorization from his boss at the property management co. The sheriff decided at that point it was a civil issue.

 

[mizzou]

I'm confused, why are you going through a short sale?

 

[Grouchyoldguy]

What kind of agreement do you have with the bank, as far as securing your property? Do you have homeowners insurance on the house?

I checked the short sale paperwork and no mention of securing the property is there. No abandoned proprty clause either. The local guy did talk to a neighbor and she told him the property wasn't abandoned. I came home every weekend. It was very frustrating. Nothing I could do while 500 miles away at work either. Nothing was taken until I moved the travel trailer. Within days of that the items were taken. Frankly, I think the guy was chomping at the bit to "clean up" the property. I was never contacted by the lender and in all my communications with them when asked I stated I was still on the property.

 

[sixone]

I checked the short sale paperwork and no mention of securing the property is there. No abandoned proprty clause either. The local guy did talk to a neighbor and she told him the property wasn't abandoned. I came home every weekend. It was very frustrating. Nothing I could do while 500 miles away at work either. Nothing was taken until I moved the travel trailer. Within days of that the items were taken. Frankly, I think the guy was chomping at the bit to "clean up" the property. I was never contacted by the lender and in all my communications with them when asked I stated I was still on the property.

Okay, so the property management company was working for the lender. I'm not a lawyer, but I'll bet one would tell you not to have any more contact with the property management. It's on the lender to be responsible for the property management they hired.

Next question is, who gave the prop mgmt guy access to your house? Who gave him the keys?

 

[edro]

Next question is, who gave the prop mgmt guy access to your house? Who gave him the keys?

Unlocked door.

Breaking and entering!

 

[Grouchyoldguy]

I'm confused, why are you going through a short sale?

Bought property for the wife. This property was to be rented but that fell thru (well went dry).When that happened I could not make both payments.

Six: No property insurance from me. I was carrying it. The bank said it didn't matter when it went in to short sale they had secured their own. I don't know if their insurance will pay for it or not. They don't return my calls.