Another Homeowner Files Lawsuit Alleging Illegal Foreclosure Lock-Out; Round Up The Usual 'Suspects'

In Chicago, Illinois, WLS Radio 890 AM reports:

• A former Lake Villa couple is suing Bank of America, claiming the bank wrongfully started foreclosure proceedings and locked them out of their home when the property was supposed to be up for a short sale.
  
  Plaintiffs Kevin and Christine McKee filed the lawsuit in U.S. District Court Tuesday. They claim Bank of America had filed a foreclosure complaint against their former home in the 3700 block of North Columbus Avenue in Lake Villa, but that the bank agreed to a short sale of the property when they moved out in November 2010.
  
  The couple and their teenage daughter moved to Florida, to seek medical treatment for Kevin McKee’s injuries from a car crash two years earlier, the suit said.
  
  The McKees claim that while they were away, the bank went ahead with the foreclosure without notifying them, and sent a crew from Miken Construction to winterize the home and change the locks, according to the suit.
  
  They only learned workers had been in their home after a neighbor called them saying people were inside their house, according to the McKees, who claim their house was supposed to be secured and shown by realtors.
  
  Crews allegedly ripped out their new kitchen cabinets and took all of their personal belongings still inside the house -- among them family antiques, sensitive personal information, tax returns and baby pictures of their daughter.
  
  The McKees have since sold the home, but claim Bank of America still has their belongings. The suit claims the bank had no right to enter their home or send remission crews.
  
  A spokesperson for Bank of America declined to comment on the pending litigation Tuesday night. A message left for Miken Construction was not immediately returned.
  
  The suit accuses Bank of America, its subsidiary BAC Home Servicing and Miken Construction of trespassing, conversion, negligence, intentional infliction of emotional distress, invasion of privacy and willful and wanton conduct. They also accuse Bank of America of breach of contract. The suit seeks an unspecified amount in damages, plus court costs.(1)

Source: Former Lake Villa couple sues Bank of America over ‘illegal’ lockout.

For the lawsuit, see McKee et al v. Bank of America, N.A.

(1) For those homeowners who've been screwed over by wrongful lockouts by foreclosing lenders (and their confederates) and seek some possible guidance on how much their cases might be worth if they seek to sue, see:

• Nevada High Court OKs $1M+ Damage Award To Homeowner Due To Mortgage Company Misidentification Of Home In Foreclosure (for the court ruling, see Countrywide Home Loans v. Thitchener, 192 P.3d 243; 2008 Nev. LEXIS 79; 124 Nev. Adv. Rep. 64 (Nev. 2008)),
  .........................
• Long Island Judge Hammers Wells w/ $155K Tab For Oppressive, Heavy Handed, Egregious Conduct For Pre-Sale Lockout Of Homeowner In Foreclosure (for the court ruling, see Wells Fargo v. Tyson, 27 Misc.3d 684, 897 N.Y.S.2d 610 (Sup. Ct., Suffolk County, 2010); reversed Wells Fargo v. Tyson, 82 A.D.3d 757, 917 N.Y.S.2d 914 (App. Div. 2d Dept. 2011).

For examples of filed lawsuits involving illegal bank break-in, "trash-out" lockout cases, see:

• Bank admits mistake on Willcox home foreclosure (involving an Arizona homeowner) (for a copy of the resulting federal lawsuit, see Newman v. Bank of America, N.A. and go here for the attached Exhibits),
• Couple: Bank Foreclosed On Wrong House (New Bedford Couple Suing Bank Of America) (involving a Massachusetts resident with a home in Florida) (for a copy of the resulting federal lawsuit, see Cardoso v. Bank of America, et al.),
• Family's recently purchased home, gutted by property removal service (involving a Michigan homeowner) (for a copy of the resulting federal lawsuit and accompanying Exhibits , see Rought v Deutsche National Trust Company, Trustee, et al.),
• In a Sign of Foreclosure Flaws, Suits Claim Break-Ins by Banks (involving a California homeowner) (for a copy of the resulting federal lawsuit, see Ash v. Bank of America).