"Triple Damages" Award When Foreclosing Lenders Forcibly, Unlawfully Enter Home Resulting In Personal Property Loss Gains Steam With Nevada Lawmakers

In Carson City, Nevada, The Associated Press reports:

• A proposed 1-sentence law change, approved Wednesday by a key Assembly panel, would help homeowners who face errors by mortgage companies of the sort that cost a Las Vegas family irreplacable personal possessions.

• AB132, approved by the Assembly Judiciary Committee, was backed by Nevada Justice Association attorney Bill Bradley who said it stems from a lawsuit against Countrywide Home Loans Inc. filed by Gerald and Katrina Thitchener after an improper foreclosure on their condominium.

• After a long legal fight, the Thitcheners won a $3.1 million judgment against Countrywide but saw it reduced to about $2.2 million by the state Supreme Court. The high court wouldn't allow a tripling of part of the award which had been granted by a lower court for loss of personal property.(1)

• AB132, [...] would make clear that Nevada allows for the treble damages in cases where "forcible or unlawful entry" into someone's home results in loss of personal property.

For more, see Bill deals with faulty foreclosures.

For an earlier story on Countrywide's screw-up in this case, see Sometimes little people come out on top against arrogant big shots.

For the Nevada Supreme Court decision, see Countrywide Home Loans v. Thitchener, 192 P.3d 243; 2008 Nev. LEXIS 79; 124 Nev. Adv. Rep. 64 (September 11, 2008).

Go here for other posts on foreclosure screw ups involving improperly changed locks, removal of belongings, etc.

(1) For the Thitcheners, the losses weren't just items that could be replaced, such as furniture and clothing, when their condo was "trashed out" by mistake in 2002, the story states. Among other things, they lost Katrina Thitchener's wedding band and dress, a video taken they day they were married, Gerald Thitchener's Gulf War service medals and a photo of his Air Force unit's meeting with then-President George H.W. Bush, according to the story. ForeclosureLockOuts