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. John

    How can you sign a loan agreement, stop making payments for a few months and then expect the bank to leave you alone. Thier the idiots who agreed to the banks loan terms and then get upset when the bank tries to enforce them.

    October 8, 2010 at 12:23 pm | Report abuse |
  2. Responsibility

    3 or 4 months behind on your payments but you were working things out – The Bank SHOULD foreclose on your house. You are what is wrong with the economy right now. Make your payments and there is no way this mix-up would have occured.

    October 8, 2010 at 12:24 pm | Report abuse |
  3. Boom stick

    This guy wouldn't have gotten past the foyer if he came in my house. BOOM...and the bank would be left with a dead guy on their hands and having to explain that to his family as to why they deliberately sent him into harms way. Lawsuit from the dead guy's family on the bank, including my own for mental trauma and civil rights violations.

    October 8, 2010 at 12:24 pm | Report abuse |
  4. lydia

    I would have shot and killed the intruder. Simple as that. Then his family can sue Chase for $1 billion.

    October 8, 2010 at 12:24 pm | Report abuse |
  5. starmc

    This lady is lying. she makes the statement-- Jacobini: Exactly. I knew the aggressiveness was getting very severe. . . . . now why would someone say that if they supposedly had no idea they were being forclosed on. This tells me the bank in fact went through the motions of forclosure and this woman ignored the entire process and called the cops when the guy came to change the locks. People like this should go to jail, she abused the 911 system.

    October 8, 2010 at 12:26 pm | Report abuse |
  6. Joshua

    Pay your mortgage and you wont' have an issue. This is just another case of someone trying to get out of a commitment they made. Sick Sick Sick pay your freaken bills the bank should foreclose just because your threating a law suit and there in the right since your not current on your loan.

    October 8, 2010 at 12:27 pm | Report abuse |
  7. sfguy

    Guys lucky he didn't get shot.

    October 8, 2010 at 12:28 pm | Report abuse |
  8. thumper

    You dont pay, you dont have a place to live. Its the same for us single people in apartments as it is for you folks that cant afford the houses you bought. Land of the free? Freedom is nother form of controll.

    October 8, 2010 at 12:29 pm | Report abuse |
  9. Txborn

    This woman is lying. If she was 4 months behind on her mortgage in FL, she had been foreclosed on.

    October 8, 2010 at 12:30 pm | Report abuse |
  10. KingKB

    Obama probably has plans to bail them out for ohhhh say 2.5 bill, keep up the good work B., oh by the way did you go to college with the dude that runs Chase B.

    October 8, 2010 at 12:32 pm | Report abuse |
  11. Dan

    Letting an investment that is upside down go in foreclosure isn't wrong. It's capitalism. Buy low, sell high. If you continue to pay high and only be able to sell low, you're doing something wrong. It's time for banks and man up about the problem they have created by allowing the boom to happen the way it did.

    October 8, 2010 at 12:32 pm | Report abuse |
  12. Debi

    Florida is a concelled weapons state and you have the right to shoot first, ask questions later.
    Had it been my house, 911 would have been picking up a body.

    October 8, 2010 at 12:35 pm | Report abuse |
  13. forwardbias

    This story is based on one side. Thats cant be journalism. Is CNN banking on readers' emotions by this one sided stories? I am pretty sure that Chase passed her estate to 3rd party whose job is to sale the property. If she is unable to make the payment, why is she there to begin with?

    October 8, 2010 at 12:35 pm | Report abuse |
  14. chuck

    Trying that move at my house will result in whom ever looking down the barrel of my M1. No questions asked.

    October 8, 2010 at 12:40 pm | Report abuse |
  15. okay

    Breaking and entering..plain and simple..i would love to see them try that sh!t at my house..as soon as that door handle jingled and he stepped in MY HOUSE..he would have been shot dead..thats just stupid of the banks to put there employees at such risk..now don't get me wrong i stay up on my mortgage payments so such a situation would never happen to me..but if it did happen that way..dead as a doornail

    October 8, 2010 at 12:46 pm | Report abuse |
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