Bank breaks in - Medina Ohio

[Bob Collett]

Hi

I am wondering if anybody knows the legal basis whereby a bank can instruct their asset manager to break into a home in Ohio and change the locks that they do not own. The situation is that the homeowner has asked the bank to consider a short sale, but he still owns the property and the property has not even been listed for sale. I have seen this happen twice. The owner did not give permission. Does he have any legal recourse against the bank. Akron-Cleveland area.

[Timothy Murphy III]

@Wayne Brooks

Under Ohio law, title doesn't revert to the lender in the event of a default until the foreclosure process is completed or the titleholder voluntarily transfers title back to the lender. Back in the 1800s, a lender could immediately remove a borrower from a property in the event of a default but the law has progressed from that position some time ago.

If the property was vacant anyway and not being used, there may not be a lot in the way of actual damages to the owner, but it may provide a smidgen of extra negotiating leverage in trying to get a short sale or deed in lieu done.