Legal Question in Civil Litigation in Georgia

We had a house fire on 6/28/10. The house had to be vacated but we still had some items in the home that was not damaged. I went to the home during the week of 8/9/10 to find a lock box on the door knob and the plate that covers the lock on the ground. I was still able to enter the home using my key. I called the mortgage co. to find out if they had been in the home. I found out that a vacancy check was done on 8/2/10 and in order to speak to someone in that department they had to email them to have them call me. No one called. My husband went in approx 1 week later and was able to access the house thru the back door. I called again and still no response. On 8/13/10 my husband was unable to open the door using his key. I called the mortgage co., spoke to someone in the home pres department. He looked into my file and said the code to the lock box had just recently been entered into the computer, he gave me the code. My husband and I went to the home on 8/15/10, used the code, opened the box put the key in the lock and the door was open. Our flat screen tv had been stolen along with cameras and jewelry. The police were called and since it was Sunday, I was only able to leave a message for the mortgage companies property preservation department. On Monday I spoke to someone in that department, he gave me the name of the vendor they contracted with. I called them and they have agreed to work with the police. My question is, who was responsible for securing my home and also, did the mortgage co have a right to enter my home, have the locks changed and allow a vendor to enter my home without permission?


Asked on 8/19/10, 3:37 pm

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

It is your home, so you are ultimately responsible for securing it. The fire department does not have that responsibility, nor does your mortgage company. Your mortgage most likely has broad provisions in it that allow the mortgage company to take reasonable steps to protect their investment in case of casualty, or in this case, if the home has been vacated. With that said, if the mortgage company picked the vendor to secure the home and the vendor either (i) failed to secure the home, and/or (ii) was the actual cause of the theft (which I'm hearing about more and more these days), then the mortgage company may have an obligation to you to make you whole again. You also may have a direct cause of action against the vendor. I strongly recommend that you hire a Georgia litigator who can look at your mortgage documents and determine whether legal action can be taken. Best of luck.******The above is for informational purposes and does not establish an attorney-client relationship.******

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Answered on 8/24/10, 4:43 pm


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