Legal Question in Consumer Law in Michigan

In June of 2013, I purchased a house in Michigan from H.U.D.. I paid cash! I use the house as a summer cabin. In May of 2015 I arrived at the cabin to find that it had been broken into and "secured" by a company working for the mortgage company (keep in mind I paid cash). I called the service company that was authorized by the bank to break in and secure it!! They would offer no information as to whom authorized the (illegal) break in. They would only state that I needed to contact my mortgage company (even though I repeatedly informed them there was no mortgage company involved I paid cash). I had to research the county records to find the name of the last mortgage company involved in this property. I then again called the company and as usual they asked the name of my mortgage company and I told them the name of the bank I had found and they then confirmed they were the company authorizing the break in. After contacting said bank they admitted it was they whom authorized the home to be secured and so sorry for the mistake. They offed to replace the locks for me.. I told them not enough, I had a total of just over $3000.00 in damages and costs trying to find out whom did this..My question is this, can I ask for Exemplary damages in Michigan Small Claims court and if so, how much over the actual damages claimed? I have tried to find an attorney that was interested in this case and have been told it would probably cost me more to hire them to represent me than I would get awarded..I have by the way sent an e-mail to said bank demanding $12,152.31 of which $3,038.08 is actual damages and $9114.23 is for Exemplary damages..I'm still waiting for a reply, it has been 15 business days since the e-mail has been sent and confirmation e-mail sent to me. I fully expect (because of complaints researched against said bank) not to receive any reply within 30 business days... Thanks for any help you can provide me, as it appears I'm on my own on this..Sheriff's Dept says its a civil manner even though they forced the door open and caused other damages because of not correctly securing it.


Asked on 7/18/15, 12:52 pm

1 Answer from Attorneys
Andrew Campbell Andrew L Attorney at Law

As far as small claims court, damages are limited to $5,000.00 and attorneys cannot appear in small claims court. Depending upon the facts, I think that you might be able to be awarded your attorney fees in this kind of matter. Not many attorneys are very knowledgeable about consumer law claims. I would have to know more to be sure but there are statutes that apply to these kind of claims that could assist you in securing an award of costs and attorney fees. Are you sure you didn't have a second mortgage (home equity loan or home equity line of credit) on the cabin? Not many people understand that a home equity loan, usually for a credit card of some kind, is a second mortgage. Did the service company admit to securing the wrong place? Did you file a police report? Have you checked your credit report for identity theft? There are a lot of questions that need to be answered prior to bringing a claim.

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Answered on 7/18/15, 5:02 pm


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