Bobo and Joy Dickson bought a house had been headed for foreclosure, but JPMorgan Chase apparently didn’t get the message that the former owners had moved out and the new owners were in residence. So, naturally, they hired a firm to drill the Dickson’s locks and take everything they owned, including their food. Now JPMorgan Chase is “taking it seriously.”
“We take this very seriously, and we are working with EMC [a mortgage company JPMorgan Chase owns] and the family’s attorney to make this right,” said Tom Kelly, a JPMorgan spokesman.
After the Dickson’s bought the house back in May, the foreclosure proceedings were supposed to have been stopped. They weren’t. That’s when the former owner’s mortgage company (owned by JPMorgan Chase) hired “Field Asset Services Inc.” to drill the locks and “empty the house,” according to the Austin American-Statesmen. Field Asset Services claims that the Dickson’s possessions were given to area thrift stores, but they have been unable to locate them.
Ordinarily, when personal possessions are left in a foreclosed home a court order is needed to remove the items and the owners are given the opportunity to reclaim them within 24 hours. JPMorgan Chase says its not sure if there was a court order in this case.
Elizabeth Bradburn, the Dicksons’ real estate agent, is organizing an effort to collect donations for the family. She said gift cards to furniture and household goods stores are preferred and may be sent to the Dicksons’ business address: 9800 N. Lamar Blvd.,
No. 315, Austin TX 78753.
“It’s been awesome to see people mobilize and want to help out,” Hance [Dicksons' attorney] said. “The Dicksons are, of course, very grateful and touched by the outpouring of support from the community.”
Cedar Park couple sues Austin company in foreclosure mix-up [American-Statesmen](Thanks, Ron!)
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@jenl1625: I dont have kids, but if I did, hiding with a gun would not be an option. If someone was drilling my door, they’d walk in and then they’d check out
I pity the poor bastards if they ever make that kind of mistake at my house as they will be greeted by a 9mm.
@Gokuhouse: But did you RTFA yet?
Sounds like the Dickson’s will presently be moving to a new, more stately abode.
@AlexPDL: Here’s the Texas statute:
§ 30.02. BURGLARY. (a) A person commits an offense if,
without the effective consent of the owner, the person:
(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
If the prosecutor felt like it, they could arrest the people who entered the house under subsection (3). They did not have the consent of the owner of the house and they actually did commit a felony, even if that was not the intent.
The prosecutor doesn’t want to get involved. It might be hard to convict them if it went to trial. That’s sort of understandable but it’s still a pity.
@Wormfather is Wormfather: I’m a lady, but thanks. I like winning things.
Also, I really hope this family doesn’t have pets. Did JPMorgan Chase take the pets? “Where’s Fluffy?” “Well, uh, the shelter said they’d hold him for three days….darn, he must have escaped!”
You, sir, have hit the lawsuit jackpot. I know it must have been terrifying to come home and see your entire house emptied, but lawyer up and enjoy your early retirement!
The thing that scares me is that there are two young children involved. What if they had been home alone when these “repo men” came and took everything out of the house? That would have been terrifying. I wonder if Field Asset Services Inc checks criminal records of their employees.
@Wally East: What felony was committed?
the dickinson’s “possesions” are probably in those field asset servicer’s living rooms
Really giant lawsuit waiting to happen here. Could be looking at an easy million for lost personal memories and such.
I was pretty sure you can’t secure a property without a sheriff for this exact reason. Everyone is pretty much fucked here from the bank to the contractor. I’m also pretty sure that the belongings need to be stored for at least 30 days…wow, even if this was completely above board (which it is not), most contractors actually record themselves securing the property so that they can’t be accused of lifting an expensive piece of jewelry or something of that nature.They are 100% totally screwed and the homeowners are going to get at least 3-4 times the worth of the stuff.
@donkeyjote: Sorry about that. I meant to include that before. Here you go.
From Penal Code, Chapter 31, Theft,
31.03 Theft
a state jail felony if: (A) the value of the property stolen is $1,500 or
more but less than $20,000, or the property is less than 10 head of cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, or any part thereof under the value of $20,000, or less than 100 head of sheep, swine, or goats or any part thereof under the value of $20,000;
[...]
(5) a felony of the third degree if the value of the
property stolen is $20,000 or more but less than $100,000, or the property is:
[....]
They almost certainly had more than $20,000 stolen. So, there was burglary AND theft.
Umm why aren’t the cops involved and making arrests? They committed multiple felonies.
@donkeyjote: In this economy I’d say there’s an 85% chance of that happening. I will be waiting with a giant sack, with a ‘$’ on the side. Consider it payback for all of those random charges to my account, JPMC.
This is the kind of story that sort of makes you wish Joe Horn was your next door neighbor…
@laddibugg: The family is Nigerian. So, you know, maybe you should pack up your American cultural bias and go be an ignorant asshole somewhere else.
I love how people seem to believe that any time a lawsuit is filed and won/settled, that the plaintiff gets millions and millions of dollars. This is simply not the case. The commenters who stated that they are likely to get cost of replacement + a few thousand extra are a lot closer to reality than those who see “Million dollar lawsuit”. They’ll get a generous cost of replacement and $50-100k for their trouble. I’d say that’s pretty fair. They get all new stuff, and some cash to make up for the sentimental loss. They don’t deserve millions and millions of dollars because JP Morgan made a mistake. They are entitled to fair compensation, but they don’t get to fleece the company over it.
@NumberFiveIsAlive: Keep working on that reading comprehension. The companies involved DON’T still have their stuff. They gave it to thrift shops and now they can’t find it.
My God, these comment threads would be so much shorter if people would actually READ before commenting.
@Pylon83: Considering just how royally fucked up the actions taken by said companies are, I would consider a $5mil lawsuit cheap compared to the jail sentences that SHOULD be imposed on all involved. JP Morgan should pay up and then turn around and destroy Field Asset Services for fucking up that bad. Then, at least, the family would be set and JP Morgan would do the whole world a service.
@Wally East: Excellent! So the DA is either (i) a moron or (ii) trying to deceive the general public with his “intent” argument. I vote for the latter.
@backbroken: Totally unfair. The same system you are upset with is the SAME system that will SPANK JP Morgan if it doesn’t compensate. JUST because the movers may get away with it, the civil liability on JPM is likely to be sufficient for it to “make things right.”
PS: I have to say it… I am NOT your attorney. Please get your own counsel. This post does not initiate an attorney/client relationship. For entertainment purposes only. The opinions do not reflect those of my employer.
@Crymson_77:
Again, why do they deserve to come out miles and miles ahead just because JP Morgan/movers screwed up? I agree they need to be made whole, but $5 Million is way beyond being made whole for the loss of replaceable possessions, not the loss of a life. It doesn’t matter how “royally” JP Morgan screwed up, it doesn’t justify a windfall for the plaintiff. The intent of the legal system is/should be to make people whole after a loss, not to make them rich at the expense of another.
Oh man, I wish something like that would happen to me on a day I’m off. Nothing emphasizes your argument like the sound of pump-action shotgun chambering a shell.
I can see them not pressing criminal charges. However, at the civil trial, when JPMorgan gets sued as they richly deserve to be? These people are going to CLEAN UP, and rightly so. Not only have they been massively inconvenienced, not only have they been wrongfully deprived of their property, not only have they undoubtedly lost many personal items of sentimental value, but there is also an incredible sense of violation that comes after losing your possession. I lost mine in a fire — not like this, thank goodness — but after you’ve come home to find out you have no home and no possessions, you are seriously, seriously shaken for a long time.
My fire was ten years ago, and I STILL have moments of paranoia about whether or not my apartment is going to be there when I return. These people are going to have to deal with similar trauma for a while.
@AlexPDL: Thank you. My work here is done.
I’m not a lawyer or an attorney or a solicitor or a barrister blah blah blah disclaimer cakes.
Well, the Williamson County government is all about supporting conservative white corporate America… they’re not going to go out on a limb for a black immigrant family, no matter how wrong the corporate entities involved were.
I think (I HOPE!) the Dickinsons will prevail handily in a settlement. I’m sure it’ll never make it to a court of law, but if it does, I’d think Travis County as a better venue than Williamson.
I try not to spend money in Williamson County. I’ve had that policy since they passed on the chance to be the home of a big Apple Computer facility in the ’90s because Apple offered same-sex domestic partner benefits. Our governor at the time brokered a deal between Apple and Travis County so that Apple could put the facility there even with the higher cost of real estate in Travis County. It’s not that the RESIDENTS of Williamson County are all dumb rednecks (at least not anymore) but the county government seems to be full of them.
@Pylon83: The simple fact is, the family has been subjected to a lot of pain and heartache because of several reasons. The primary among those are:
1. They have NOTHING left.
2. They have been violated by companies that should have known better.
3. They have every right in the world to feel “unsafe” for a long time.
These reasons alone are enough to support a $5 mil case. Remember that your common lawyer will smack 33% of that out of their hands (sorry AlexPDL, it’s true). Take out of that the court costs and such in addition and you end up with $1.5 mil to the family. Take taxes out of that and the family receives a WHOPPING $750,000. Frankly, I think a judgement of $5 mil against JP Morgan smacks of just the right amount. Thanks.
@Pylon83: I think that in general in Texas, they are due 3x the value of what was improperly taken from them if they prevail in a lawsuit (treble damages) IF there are no extenuating circumstances.
If someone came into my home and stole all my worldly goods (that’s assuming I wasn’t home and the dog didn’t dispatch them) I would want at least $200k and a personal apology from the CEO of each corporate entity involved to feel I had been fairly compensated. I agree that $5M is excessive, but to pay off all the lawyers and such I’m sure the check these corporations would have to write would be pushing $1M before all was said and done.
To all the commenters advising them to “lawyer up.” DID YOU RTFA? They filed a suit. Ergo, they have counsel.
@Pylon83: It’s called *punitive damages* for a reason – to punish the company that screws up. So maybe they won’t do it again, and others will think about it.
@GearheadGeek:
I think you and I are closer to the same page. My issue is really with the people who think the family should be able to retire because of this incident. Those are the people who perpetuate a lawsuit culture, create a massive drain on the legal system and drive up prices for everyone.
@GearheadGeek: Actually, it’s 4x – actual damages (1x) + punitive damages (3x) = 4x. Score!
@jswilson64: @GearheadGeek:
Either of you got a cite for that Texas statute that says you get treble damages in a suit for conversion?
@Pylon83: No cite, but seems like every suit filed in TX involves treble damages. You got a cite that says they cant?
@Techguy1138: I disagree. If someone did that to me, in the shape my house is in, with all my confidential documents, hand made quilts, ect. I would not settle for less than 16 million. I mean, I should just make it the magic number of 54 million (pants judge, riaa lady), and it is kinda pseudo random, but I’d want more than 5 million for the pain in the ass it would cause. I have irreplaceable crap, and while it’s crap, it’s my crap.
Though I work from home, so this would never happen to me. In fact, I’d probably just shoot through the door once they started drilling it
Chase is going to have their collective asses in a sling over this one. To the best of my knowledge a mortgage company cannot forcibly remove someone from a property without court order and on top of that an officer of the court I think has to be present during the removal (in most cases a Sheriff’s deputy.) Really the law-enforcement officer is there to keep the peace in case the former occupants get pissed off at the removal guys.
I think the Dicksons are going to have themselves a mighty fine new house in Round Rock or Georgetown when this is all said and done.
I hope these people don’t actually take any offer from JP Morgan without consulting a lawyer, after the car stereo story from yesterday…
@Pylon83: A little research suggests that my impression is probably from business law classes (a long time ago.) The treble damage provisions I’ve come across are specifically for private lawsuits under consumer protection statutes. I’m not sure this would qualify under those statutes but I’d tend to doubt it.
I think it’s likely they could do much better than 3x in front of a jury. Even as a very conservative person who thinks our tort system is out of control, this would strike me as a case in which “sending a message” might be called for. If it’s found that the mortgage payoff was duly received by EMC when the Dickinsons bought the house and nothing was done about it, the corporations need a hard enough kick in the crotch to be sure the jury has their full and undivided attention.
Texans are pretty grumpy about being secure in our homes and our persons. If this happened in my house and I put a .40-caliber hole or two through the first person through the door, I would most likely not be charged. That’s illustrative of how Texans feel about home-as-castle, though it’s tangential to the issue at hand.
@AlexPDL:
Did you ever see that 80s Twilight Zone episode “The Shadow Man?”
@GearheadGeek:
I would agree on the shooting the guy issue. Generally, one is allowed to use deadly force to protect themselves from perceived severe bodily harm. This presumption is heightened when it is an intruder in your home. So as long as the guy has come through the front door, and you did feel as though you were in danger, shoot away. I fully support that. However, if you knew there was no danger and shot anyway, that’s another story.
With regard to the damages, first, it’s unlikely it will EVER get to trial. Second, we aren’t privy to any mitigating circumstances that might exists, such as the reason WHY they went into the home, etc. Maybe they thought they had a court order, etc. All of that can effect the jury instruction, and their ultimate verdict.
Wow, I think we’re far too quick to file lawsuits in this country, but I think this is screaming for a huge lawsuit.
I would also file criminal charges.
I think this account is a bit fishy — or, at the very least, some key facts are missing. The article quotes an expert on foreclosures: ‘”under no circumstances” should the Dicksons’ property have been disposed of so quickly.” ABSOLUTELY! Some guys in a truck EMPTIED the house and NONE of the items have been traced? Surely many of the items (used toothpaste, opened cereal, family photos, laundry) with no resale of reuse value– went directly into a dumpster — and dumpsters are traceable. Either the family had nothing to take in the first place or they had items so desirable the ‘Re-Po’ folks claimed them for their own.
Suing the ‘Deep Pockets’ in what seems to be a fiasco involving missing paperwork appears to be the overwhelming reaction!
Why?
If you mistakenly took home a bag of someone else’s groceries should YOU be arrested? It WAS NOT intentional. If fault is what we must assign then we should assign it to the Re-Po team who disposed of property incorrectly.
But it is wonderful that neighbors have stepped up to help. Bobo and Joy are being helped at a human level, and that is the only real salve for the outrage reported.
Yet another reason not to buy a house in this market. The jerks who kicked the last group out may show up and take all your stuff, then say “Oops! So sue us!”
Yeah, I bet living in a house with nothing in it and no locks on the doors will make it real easy to find and coordinate with a lawyer, and having to replace everything won’t at all interfere with your ability to pay for said lawyer, who will no doubt have to fight an uphill battle through a stacked legal system to get you compensated for the stupidity of others.
This one is really simple to solve. Give the people back their stuff, fix the locks and toss them some cash to cover the extra expenses while making them file a waiver of liability and Nondisclosure agreement. It’s been less than a month they could probably get off with a thousand bucks and a public black eye, probably less if they had been faster.
@CaptainCynic:
Good thing individuals can’t file criminal charges, only a DA (or whatever your state/city calls it) can do so.
Wow … I can’t even imagine how horrible that would be. Just looking around at the stuff I could never replace — the piano my godmother gave me, my engagement and wedding rings (I don’t always wear them), the pictures of my son that are on our computers, the pregnancy journal and baby book for my little boy — I would be heartbroken to lose it forever. And that’s just the stuff I can see right where I’m sitting!
I hope this family takes takes JPM to the cleaner.
Btw, I agree that this story sounds awfully fishy. I’m guessing the repo folks pocketed a lot of the possessions.
@GearheadGeek: That is why we have the castle law here in Texas now. Recent addition to the lawbooks, look it up. Anyone breaks into your house here in Texas, they can be killed on the spot with no legal implications against the owner.
@Pylon83: Maybe they should be able to since the asshat fucker in Austin wont.
wow, I gfeel bad for bobo and not just b/c of his name….
PLEASE SUE!
Companies need to be a LOT more careful when they do this.
The lack of criminal charges doesn’t sit well with me. If I get into a fight and push someone down to the ground and he subsequently dies, it’s manslaughter. If I get in a car accident and kill someone while speeding, it counts as vehicular manslaughter.
Screw ‘the lack of criminal intent’ (*rolls eyes* which ie exactly why they have a court order backing them up, clearly. What? They didn’t? You don’t say) and nail them to the proverbial wall.