October 8th, 2010
07:48 AM ET

Bank breaks into home - over mortgage payments

Nancy Jacobini was home alone in Florida when she heard what she thought was an intruder at the front door. There was no knock. She wasn't expecting anyone, so she grabbed her cell phone and called 911.

As it turns out, the man who broke the lock on her front door was actually a contractor hired by her bank. It is a procedure typically used to secure a foreclosed home. However, Jacobini's home wasn't foreclosed. She tells American Morning's Kiran Chetry how terrifying the experience was for her.

Nancy Jacobini: When the police arrived, of course, they had to search the house to make certain that nobody else was in it. And then one thing led to another, and then we basically found out that the gentleman was there to change the locks on my home.

Kiran Chetry: And who was he sent by?

Jacobini: He was sent by the bank, Chase Bank, to change the locks without my permission.

Chetry: You say that you were about three to four months behind on your mortgage payments but you'd been working diligently with the bank to get a mortgage modification.

Jacobini: Absolutely.

Chetry: And you didn't receive any notification about any impending foreclosure.

Jacobini: I did not. I did not receive any information at all in reference to a foreclosure.

Chetry: Basically you're sitting there and you have no idea if someone's breaking into your home to attack you at this point.

Jacobini:
Exactly. I knew the aggressiveness was getting very severe. I was very much afraid, and it was a rainy day at the time. Skip thought the person was taking advantage of the weather. There were going to be no witnesses. This person had a gun, a knife, I had no idea what was going to happen. I didn't know if there was one person, I didn't know if there was two people. All I knew was my life was in danger.

Chetry: Have they apologized to you, Nancy, for what you went through?

Jacobini:
No. Actually, I purposely retrieved both of my messages last night to really, really try to decipher every single word, you know, while I was in private just to see if I overlooked something. And no, there was no apology. On either one of those messages.

Chetry:
What'd they say?

Jacobini: It was basically an introduction of who the gentleman was, and he had mentioned that he was calling because he had received an escalation to his office and that he was calling about the mix-up in reference to the work preservation work order ... And then the second message simply stated an introduction, of course, of who he was. And that they were basically, you know, playing phone tag and that he was just calling in reference to, you know, this situation.

Chetry:
Let me ask...

Jacobini: I did not get an apology.

Chetry: Matt, what's your take on what went on here and what should happen moving forward?

Matthew Weidner: This is an absolutely terrifying phenomenon. This is happening all across the country to people just like Nancy. It's so important to emphasize she's not in foreclosure at all. There was absolutely no warning.

I've made contact with them several times and haven't gotten any credible apology at all. In fact, my last phone call yesterday, they were still trying to confirm whether power was in her name, totally irrelevant. But she's been in this house for 20 years and power has been in her name that entire time.

Chetry: That's the unbelievable part. How long you were living in this house and the fact that you were not in foreclosure. Here's what JP Morgan Chase says, they say properties in delinquent payments they can regularly visit to inspect them. And if the property's found to be open, they can work to secure it even if it's not in foreclosure. What do you think of that?

Weidner: I want to take exception to that. That's the big problem happening across this country. These banks are running wild. It's the wild west out there. Here's a house that's perfectly secured, her locks are secure, she's got an alarm system on it and power in. And the banks across the country are using that excuse as a justification for violating fundamental rights. It's got to stop. America's got to wake up and say we're not going to take this anymore.

Chetry:
Are you suing?

Weidner:
We are in negotiations right now. But frankly this is more than suing. This is about getting this issue in front of the American people so that the American people demand it to stop. Ultimately we do want this in front of a jury because we want Americans all across this country to stand up and say what happened to nancy can't happen again, and yet our banks are just bulldozing all across Americans, all across America, bulldozing over them.

Chetry: It's really quite shocking this happened to you, Nancy. And we're certainly sorry. Please keep us posted on any more information you get from the bank and how this turns out.

Jacobini: Thank you very much.

Chetry: Thanks for joining us, as well.

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soundoff (388 Responses)
  1. Edgar Friendly

    You idiots claiming that her not paying her mortgage enables the bank to come in, on their own, whenever they want, are just pain stupid. Her mortgage is an investment to the bank. If I own a stock and the company goes under I don't get to show up at the offices and just start collecting stuff, I have to follow the procedure.

    Paperwork cuts both ways. The banks don't get to rip you a new one with fine print and then do whatever they want in violation of the laws and their own agreements. That's what we call a "loan shark".

    I think a lot of you like being subordinate to corporate interests. Either that or you just have a total lack of empathy. Either way, what's wrong with you people?

    October 10, 2010 at 6:59 pm | Report abuse |
  2. Lulu

    We too are among the hundreds that are tryng to save our home. My husband is now unemployed and we are behind in our mortgage. Paid on time each and every month until this happened. So, to all you genius' out there, how in the world can you pay when 1/2 your income is gone and you couldn't afford to "save" 3 months worth of income for emergency?? We have applied for modification, but nothing yet. Thank goodness Chase is not our mortgage company. I hope those of you do not have to face what we and many others are facing- until you are walking in our shoes, don't be too quick to judge.

    October 10, 2010 at 9:43 pm | Report abuse |
  3. Second Amendment Supporter

    Had a problem with an old landlord and his minions coming into my house when I wasn't there. I always paid rent early and was never late. A cop friend said there's nothing I could do, He's never seen a landlord arrested or prosecuted.for this during the 15 years he was on the force. He added however that I am free to defend my home against intruders. After all anyone could say they were sent by the landlord.

    One day his "agent" entered when I happened to be there and I introduced him to my Mossberg shotgun. Didn't shoot it, just had a little show 'n' tell. Didn't have anymore problems with that from that time to when I moved out a month later.

    Want peace, carry a piece.

    October 12, 2010 at 12:06 am | Report abuse |
  4. Terri

    I would have shot the guy. I have a gun waiting for someone to come to my house uninvited. I have had my home broken into three times and the next guy will die for it.

    October 12, 2010 at 1:39 pm | Report abuse |
  5. Virginia

    OMG! This is the worst! How DARE Chase do this! This could happen to any of us! BANKSTERS! It's the new MOB!

    October 13, 2010 at 1:08 am | Report abuse |
  6. Virginia

    What if Chase caught fire and allll their papers were burned up..... I wonder if anyone would care? Ohh, I bet the fire department would drive slowwwww. Only that lock breaker worker would care LOL Yeah, the foreclosure people are all on the banks side along with the filthy lock breaker....... they are being paid off! Filthy animals. Lay down with dogs.... get up with fleas!

    October 13, 2010 at 1:46 am | Report abuse |
    • Kristy Sinsara

      Chase Bank, Bank of America and Wells Fargo are getting away with business practices that would put the average citizen in jail. Why is this? Why are homeowners not rioting in the streets right now? Seriously? Is this out of ignorance or true indifference towards this reality. How much is truly enough? I often wonder after I read these types of articles and see how blase everyone seems to be afterwards. Actions speak louder. We should be rioting....

      November 1, 2010 at 2:48 am | Report abuse |
  7. michaljohn

    hello friends here is michal and looking for business
    Best Savings Interest Rates

    October 22, 2010 at 3:02 pm | Report abuse |
  8. markvictor111

    • This is a wonderful opinion. The things mentioned are unanimous and needs to be appreciated by everyone.

    **********
    markvictor111

    Fixed Rate Mortgage

    November 24, 2010 at 11:36 am | Report abuse |
  9. Joe Somebody

    Funny if this was me I would have blown off the guys head with my shot gun, it would be hard to convict someone for defending his home

    December 20, 2010 at 2:10 pm | Report abuse |
  10. anand

    i am so much happy with that
    =========================
    Mortgages

    December 24, 2010 at 6:12 pm | Report abuse |
  11. david sturm

    I have had the same thing hapen to me from PNC they did change the locks on my house and when I called the APD I was told that since I was in a forcloser that I would have to call a lawyer. The forcloser had just begun had not hit the courts yet. When I spoke to PNC I was told that they should not have sent this company there yet since I was still trying to get a modification. PNC then sent a letter to my insurance company telling them that the poperty was empty and they canceld my home owners insurance when I spoke to my insurance company they told me that I would have have a letter sent out from PNC to reinstate my home owners insurance. At this point I had been working with PNC for about 1.5 years to get a modification. A week later they tryed to breaking in agian at that point with no insurance and not feeling safe in my own home I moved out am now in lidigation against PNC and Safe gaurd properties for this action. I feel like I was strong armed out of my property that I had paid on for 9 years. These banks need to be held acountable for there actions.

    January 20, 2012 at 1:27 pm | Report abuse |
  12. Dogen

    Maybe. Of course, the banks did more than their fair share of scamming homeowners with predatory lending practices that are designed to bury you in debt, so I'm not so sure we ought to give the benefit of the doubt to Chase in this one.

    October 8, 2010 at 9:09 am | Report abuse |
  13. Dan

    That's it Rob...assume that she's scaming the bank..did you miss the part about being IN the house for 20 years?

    October 8, 2010 at 9:10 am | Report abuse |
  14. Marth

    @Dan – did you not see how she was months behind, too? And was seeking a mortgage modification? After 20 years, she should have plenty of equity. After 20 years, assuming ontime payments, and decent credit, she should have been able to refinance. After 20 years, assuming we're hearing the full story here.

    If I were the bank, and she were behind on payments, I'd just foreclose now. They don't have any obligation to modify the loan for her.

    October 8, 2010 at 9:18 am | Report abuse |
  15. Chris

    Where are you getting the statistics on this? Do you know this for a fact? Simply saying "if you paid your bills on time" is a juvenile response that sounds a lot like something a bill collector would say. While of course there are people that do not pay, on time or otherwise, you can't throw everyone that is in this situation into the same basket.

    October 8, 2010 at 9:25 am | Report abuse |
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