 
Dougw
Member
Username: Dougw
Post Number: 1767
Registered: 11-2003
| | Posted on Monday, June 25, 2007 - 2:26 pm: |    |
Consider this "hypothetical" situation:
A home is foreclosed, the bank takes ownership and puts it up on the market. The home is vacant and closely watched by neighbors. One day, someone breaks into the home, rummages around, and is scared off by a neighbor (before anything is stolen), and is caught by police outside of the home and detained. An eyewitness (not the homeowner) saw the person entering and leaving the home and is willing to testify.
In metro Detroit, or even across the country, who would typically press charges in such a situation? The bank? The realtor (acting as agent for the bank)? Or would the county prosecutor (or appropriate local authority) typically press charges? Or, would a neighborhood association or block club have standing to press charges?
I'm looking for who *typically* presses charges in this situation, not just who is legally able to press charges. I imagine it varies depending on what area of the country you're talking about, whether it be Detroit, Grosse Pointe, Pinckney, Chicago or Phoenix.
It does seem that banks and realtors are extremely reluctant to press charges in these situations, perhaps they even have internal policies to avoid pressing charges? With the record number of foreclosures happening in metro Detroit and across the country these days, I have the feeling that more sophisticated thieves are probably signing up for realtytrac.com accounts and then stripping foreclosed homes with complete impunity.
Looking for any knowledgeable information anyone might have. |
Gravitymachine
Member
Username: Gravitymachine
Post Number: 1709
Registered: 05-2005
| | Posted on Monday, June 25, 2007 - 2:48 pm: | |
i don't know who could press charges, but i hope someone does or is able to. this "hypothetical" sounds similar to a very unhypothetical situation that i was close to |
Jjw
Member
Username: Jjw
Post Number: 355
Registered: 10-2005
| | Posted on Monday, June 25, 2007 - 3:02 pm: | |
The bank presses charges. (If it wants to; and should be encouraged by the neighborhood association to do so.) |
3rdworldcity
Member
Username: 3rdworldcity
Post Number: 724
Registered: 01-2005
| | Posted on Monday, June 25, 2007 - 3:44 pm: | |
The party w/ the right of possession (whether the homeowner during the foreclosure action but before it's concluded, a tenant of the homeowner before the f/closure is concluded, a tenant of the titleholder)or the titleholder itself.
The real estate agent (or other representative of the titleholder or of one in possession) with an appropriate power of attorney permitting it to file suit could do it.
The foreclosure is completed at the expiration of the 6 month redemption period if the property is not redeemed (lien paid off.)
(Message edited by 3rdworldcity on June 25, 2007) |
Dougw
Member
Username: Dougw
Post Number: 1769
Registered: 11-2003
| | Posted on Monday, June 25, 2007 - 11:20 pm: | |
Thanks. One person I talked to seemed to think that it would be too difficult to try to get banks to press charges, as they'd have to get their lawyers involved, etc. (I'm not sure if it really involves that much more than a police report for something like this...) And that it's the responsibility of the prosecutor to somehow press charges. But others have confirmed what has been said here.
Hopefully encouragement/pressure from a neighborhood association would help convince a bank to press charges. |
Dougw
Member
Username: Dougw
Post Number: 1771
Registered: 11-2003
| | Posted on Tuesday, June 26, 2007 - 11:01 am: | |
quote:The foreclosure is completed at the expiration of the 6 month redemption period if the property is not redeemed (lien paid off.)
Yep. At least with my scenario there is some hope of getting someone to press charges. If a break-in happens when a house is in its redemption period, you're pretty much screwed. (Assuming the owner has no interest in redeeming the property, which seems to be the case 90% of the time these days.)
Although there is also a new rule that if a home is determined to be abandoned, the redemption period can be shortened to 1 month. |
Ron
Member
Username: Ron
Post Number: 324
Registered: 03-2006
| | Posted on Tuesday, June 26, 2007 - 12:25 pm: | |
In all cases, the State of Michigan presses charges. However, if there are no "complainants" (or complaining witnesses) then typically the case will be dropped. Typically, the arresting officers are the complainants.
In a hypothetical such as this, if there was no "loss," there probably will be no prosecution, unless they can tie the defendant to other home invasions. However, the arresting officers and witness would be all that would be needed to prosecute. |
3rdworldcity
Member
Username: 3rdworldcity
Post Number: 730
Registered: 01-2005
| | Posted on Tuesday, June 26, 2007 - 12:31 pm: | |
Dougw: You're correct about the availability of shortened redemption periods in certain circumstances. (It's actually a '70's law which I helped to get passed way back when.) The problem is, that can be achieved only by a judicial foreclosure, not one by advertisment, and is therefore much more costly.) |
Dougw
Member
Username: Dougw
Post Number: 1773
Registered: 11-2003
| | Posted on Tuesday, June 26, 2007 - 3:00 pm: | |
Ron -- So basically it's a judgement call by the prosecutor and/or officers. I can understand them not pressing charges without an owner since nothing was taken, there were no ties to other incidents, etc, so I wouldn't really fault them. Assuming they would do the same in other cities.
Does anyone happen to know of local cases in which a bank pressed charges for a B&E on a foreclosed home? It seems like it would be pretty rare.
3rdworld -- It may be more costly, but I have seen "Notice of Abandonment" signs posted on foreclosed homes near me, which must be for the purpose of getting a shortened redemption period, so it's not uncommon. |
Goose
Member
Username: Goose
Post Number: 38
Registered: 02-2005
| | Posted on Tuesday, June 26, 2007 - 3:41 pm: | |
what are you assuming they are stealing out of the home, the wiring and the copper plumbing??? most of the foreclosed homes i've been in have been pretty much trashed by the outgoing occupants.... i'm not surprised when they are finally evicted or just prior they take everything with them, from the light switches, to the furnace, to the HWT, to the door knobs, and then punch holes in the walls on their way out...... |
Dougw
Member
Username: Dougw
Post Number: 1774
Registered: 11-2003
| | Posted on Tuesday, June 26, 2007 - 4:33 pm: | |
quote:what are you assuming they are stealing out of the home, the wiring and the copper plumbing???
Yes. Plus possibly architectural items, if available. |