Foreclosure in Derry>Question Details

Dottie, Other/Just Looking in Derry, PA

Recently found out the home I grew up in, in Derry, PA went up for foreclosure. The occupants totally vandalized the house before they left.

Asked by Dottie, Derry, PA Fri Mar 18, 2011

Are people ever prosecuted for this behavior? If so who would press charges? I know this is done frequently with foreclosures. Does anyone ever have to pay for damages?

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Answers

4
Lender can prosecute if they think they can prove a case and it makes financial sense to do so. However, I have never heard of a case actually being brought against the former owners - and we see a lot of foreclosures out here, many of which have been trashed.

Robert
Prudential Sierra Nevada
Web Reference: http://www.RobertRange.com
0 votes Thank Flag Link Sat Mar 19, 2011
Hi, Unfortunately this type of thing happens quite often. Some people decide if they can't have the house then they will ruin it for others. It's almost like I can't pay my mortgage so I'll take it out on you. The bank that holds the lien can decide if they want to press charges, if they can prove a case.

Christopher Pagli
Licensed Associate Broker
Accredited Buyer Representative
GREEN Designated Agent
William Raveis Legends Realty Group
914.406.9023
0 votes Thank Flag Link Sat Mar 19, 2011
Dottie,

I'm sorry to hear about what happened in your childhood home. That is quite disturbing!

Unfortunately, it happens all the time. Here is the problem:

Can someone prove, beyond a reasonable doubt in court, that the "vandalism" occurred before the foreclosure was final?

If the foreclosure was not final, then the owners still owned the home. You can do just about anything to your home short of setting it on fire and it is not illegal. As long as it does not cause a danger to life, there is not much a court of law can do. If it was after the foreclosure was final and the owners had been evicted or served an eviction notice, then yes, they can be prosecuted and be fined, made to pay for damages, and/or serve jail time.

As Lynn said, it would be up to the lender (now the new owner) to decide to press charges. I know this doesn't help you much.

Because it's more than real estate. It's RAYL-Estate!

Brian Rayl, REALTOR®, e-PRO, SFR
Keller Williams Elite - Dallas, TX
972-949-4222
Brian@Rayl-Estate.com
Web Reference: http://brianrayl.com
0 votes Thank Flag Link Sat Mar 19, 2011
Lender can if they determine to their best interest.
Web Reference: http://www.lynn911.com
0 votes Thank Flag Link Fri Mar 18, 2011
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