# Need legal/liability advice



## safeguard dropout (Apr 21, 2015)

Got a work order yesterday..."repair sump pump. Inspection reports malfunctioning and throwing water onto the floor."

Went there this evening and there was a sign on the door....

PER LAWYER
DO NOT ENTER!
YOU AND WELLS FARGO HAVE NO RIGHTS.
(no contact info)

I've been in this home several times before. It is fully furnished with a finished basement, carpet, bedrooms, pool table, bar, brand new 52" LCD smart TV....the whole nine yards. Not stuff I wish to be liable for.

From talking with neighbors, the lady went to the hospital around Christmas and then passed away, leaving a son and daughter, as her husband had passed a few years previous.

Now I don't believe they are right...that Wells has no right to the property. Banks foreclose on unpaid property, not people, so a death would have no bearing on the situation.

I don't want to be liable for further water damage to the the content, but on the other hand I don't need some dirt bag attorney jacking me up for trespassing and whatever other trumped up crap he can get on me.

What would YOU do? Thanks!

PS I do not live in Washington where P&P is illegal.


----------



## Wannabe (Oct 1, 2012)

"Back in the day" I had this happen several times. I learned to skip The National and call directly to WFHM attorneys and discuss. Every time they would email or fax a letter to stay out of home until they could make contact with executor of the estate. I don't remember ever going back to the house afterwards.


----------



## buddhalite (Nov 12, 2015)

Better check with your own attorney first - laws vary from state to state. When I was in Louisiana - the bank had ultimate rights to the property - so long as proper paperwork was served - at ANY time. Now I'm in Ohio - where the bank only has rights at the exact moment of service on some oddly named paperwork.....but in the case of threat to the health of the property the bank - so long as the process has started - has rights to enter at will if uninhabited.

I'd just do the job - you got the work order in case law enforcement is called - and let it go from there. Just because someone posts a notice on a door doesn't mean it has any legal standing nor does it mean you have any reason to obey it.


----------



## TripleG (Apr 17, 2015)

I would do the opposite. I would take a photo of the house, a photo of the note and report it as occupied, Let the bank figure it out.


----------



## safeguard dropout (Apr 21, 2015)

TripleG said:


> I would do the opposite. I would take a photo of the house, a photo of the note and report it as occupied, Let the bank figure it out.


That's what I did, except for reporting occupied. I know it isn't occupied. I was more wondering if I'm liable for further water damage. Like buddhalite said, just because they post a warning doesn't mean they have a leg to stand on.
It was 6PM on a Saturday and their was no lawyer or bank going to be contacted then. Had to make a decision then and there.


----------



## Craigslist Hack (Jun 14, 2012)

It's not worth the risk for one work order.


----------



## JoeInPI (Dec 18, 2014)

Agreed- I wouldn't assume the liability for one work order.


----------



## charge back (Dec 3, 2016)

So who filed the report? 

Not saying I would enter, I have seen those signs a few times and refused to enter the property

You know someone has been to the property to put up the note, did they then call in the report to see what would happen? did they alter the sump to pump water on the floor so they can claim damages??

I would make some cya effort to make sure my a had some cover, idk what to recommend, my confirm with the customer that they received your notification? maybe talk to your lawyer?


----------



## safeguard dropout (Apr 21, 2015)

Thanks for the suggestions....

Update on this....

My routine grass cut for this property has been cancelled by Wells. Apparently the homeowner, I assume the kids by inheritance, had at least 1/2 a leg to stand on. Good for them, hate to see the kids lose the asset just because mom passed away. 

Now, just keep that attorney off my backside and we'll all get along just fine. :wink


----------



## safeguard dropout (Apr 21, 2015)

Another update....

On Friday last week I received notice from the bank that the property "owner" claims that valuable items are missing from the home. They requested a statement from me stating otherwise.

Got an email today that read something close to this....

Initial grass cut pricing approved, please go to property and cut.

Please go inside and evaluate/bid any damages.

Ignore any signs or postings as all legal issues have been resolved.


You freikin kidding me?


----------



## Wannabe (Oct 1, 2012)

I would request a copy of the agreement to enter for your own file and a phone number of the individual party to contact them for permission. Cya


----------



## safeguard dropout (Apr 21, 2015)

Excellent piece of advice. Doing it now...


----------



## TripleG (Apr 17, 2015)

In that case I would request that in a formal letter, signed, before I entered the house.

I'm also partial to calling the police on myself before I do things the bank wants that I feel may be illegal or not "right". This way if it comes down to a legal matter its on record that I had the police come at my request. It started when I got a work order to "try and contact the homeowner. If no contact can be made and no-one is home proceed to change all the locks on the property."


----------



## safeguard dropout (Apr 21, 2015)

:vs_lol::vs_lol::vs_lol:

So I went back to the property today....

Ya think someone doesn't want me in there? :grin

Poor quality photo taken through the garage window...but you get the idea.


----------



## Wannabe (Oct 1, 2012)

Wait till you have a house where some A-hole puts fuel in a lightbulb hoping you flip the switch. Not one bulb but two. Just glad it leaked and you could smell it and yes I called the police but nobody could prove who done it. 

Anyway your pics are funny...


----------



## safeguard dropout (Apr 21, 2015)

Wannabe said:


> Wait till you have a house where some A-hole puts fuel in a lightbulb hoping you flip the switch. Not one bulb but two.


Oh crap, now that's just wicked.

I didn't even attempt to enter, even though I have the permission in writing. I've never met them but I know them well. This is the type of person that will put "great great grandma's family heirloom" that came across the pond from Germany worth a "million dollars sentimental value" behind the door hoping I break it when trying to get in. 

Something just doesn't feel right at this property and I'm taking every step with extreme caution. It just feels like a trap. Go ahead, call me cynical.

Wondering too if maybe the sump pump has done major water damage and they are going to let the bank fix the damage and then go back to claiming WF no rights? That possible?


----------



## Wannabe (Oct 1, 2012)

I think you are right not to enter. I know my "gut instinct " has always served me well.


----------



## charge back (Dec 3, 2016)

I would not enter either


----------



## Cleanupman (Nov 23, 2012)

With all due respect Safeguard dropout...bring an attorney in. Is any bullspit worth your company????


----------



## PropertyPreserve4U (Jul 21, 2016)

Maybe you should of went in and changed the pump. Cops come show the work order. You have legal right per WF to enter.


----------



## TripleG (Apr 17, 2015)

> In that case I would request that in a formal letter, signed, before I entered the house.
> 
> I'm also partial to calling the police on myself before I do things the bank wants that I feel may be illegal or not "right". This way if it comes down to a legal matter its on record that I had the police come at my request. It started when I got a work order to "try and contact the homeowner. If no contact can be made and no-one is home proceed to change all the locks on the property."


I've done this on more than 1 occasion. I've also asked them to come with me into the house. This way if anything does disappear they know it wasn't from me.



> "try and contact the homeowner. If no contact can be made and no-one is home proceed to change all the locks on the property."


I then went and re-read the quote and realize that this 1 line is the line I call the cops on myself almost every time.


----------



## TripleG (Apr 17, 2015)

I once had the cops arrive...tell me it was still occupied but the owner was an asshole and they then informed me they wanted me to proceed. lol. They stayed with me the entire time I was there for my safety they said.


----------



## drpropertypreservation (Jul 31, 2014)

I would request a copy of the deed before entering the home. Especially if you're in Washington State.


----------

