Legal Question in Real Estate Law in California
My primary residence was foreclosed with personal property taken by the bank Merco a credit union. I received notice from the banks attorney to set a time to collect my camping trailer. We set today but... They have been unable to return a camping trailer. They claim they had it stored at someones home and it was stolen. Their attorney said they are not liable, that I should contact my homeowners insurance and file a police report. Do I have rights to hold them liable? What are possible options. I have pictures of the trailer but it is not currently registered. I had a few other personal belongings but the trailer was well over $500.00. Any advise?
2 Answers from Attorneys
Under the law of bailments, which in the California codes are called "deposits," the foreclosing lender is probably not liable for the loss of the trailer. You should follow their suggestions, Of course, this assumes they are telling the truth.
See Civil Code sections 1813 et seq., especially 1844 defining a gratuitous deposit and 1846(a) providing that the depositary must use, at least, slight care for the preservation of the thing deposited.
I'm confused over whether the trailer was taken by the bank because it was additionaly security for the loan that was foreclosed, or whether the trailer was left on the property after foreclosure and was stolen by somone else.
I'm not sure that Mr. Whipple's bailment analysis applies to the second scenario.
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