Explicit Instructions To Break The Law

From Terry Platt at MortgageFieldServices.com
May 25, 2013

Explicit Instructions To Break The Law

It’ s true that I have a knack for pointing out the problems with the mortgage field services business. It’s also true that my statements have never been challenged. That’s because they are all true and the companies that are the most notorious certainly do not want their misdeeds to be made public. For those of you that may have missed my last post concerning how mortgage field service companies actually instruct field reps to break the law, I am posting here, word for word, a notice we received today:

“submitted photos does not support no access justification – and no trespassing sign should not keep the vendor from inspection the property and also submit photo showing no access (either guard gate, front desk or barred access) and return results within one business day. thanks”

This was received in response to an inspection work order we returned as “no trespass”. I do not think we can make it much clearer that WE DO NOT TRESPASS. And all of this is AFTER WE SUBMITTED THE ALABAMA STATE STATUTES that tells all about what is trespass and who can ignore the signs and when. The banks insist they have the right. THEY DO NOT.

Let this serve as notice to all mortgage field service reps that these companies do not care about the law, they do not care about you.

==========================

Comments of Richard Law

Cross upon NO Trespass posted land in Virginia and you could be charged with a Class 1 misdemeanor. Terry Platt is absolutely correct when he says that many of the banks and their servicers have no regard for the well being and safety of their independent contractors. Violating state laws on trespass can be very serious. A judge will not dismiss a case simply because a bank or their servicer made a mistake and said it was okay for you to trespass. You are responsible for knowing the laws where you live. Ignorance of the law is never an excuse for violating a law.

Trespassing in Virginia

§ 18.2-119. Trespass after having been forbidden to do so; penalties.

If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted by such persons or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or § 19.2-152.10 or an ex parte order issued pursuant to § 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be construed to affect in any way the provisions of §§ 18.2-132 through 18.2-136.

 

Comments

[Rick Wright]

When I was in my stupid years and did a few mortgage inspections I constantly got my submissions rejected and unpaid even though I showed visual proof of no trespass and no access.After my refusal to inspect those properties I discovered that two of companies I worked for had been sending fraudulent information on properties for more than a year. So long mortgage inspections.

[Mattfeato]

The banks try to make it out under the mortgage agreement that usually they have a "right to inspect." Of course that falls under the wording of such.

Regardless, when a HO calls the cops when you are on the property and then wants to press charges, you and the police typically have to hash it out in the end. Maybe not right then and there (although you will be delayed spending time at the property), but it will cost you a lot of time and trouble.

Was there once. Explained my side to the officer over the phone and never heard back; presumably the charges were dropped/never pursued once they explained things to the homeowner. Regardless, until I moved out of the area, I never stepped foot on the property again.