Trespass to Chattel/Conversion
Wednesday, February 19, 2014
- Location: Wilson
- Organization: Legal Aid of NC
Jeanette Lantz252-291-6851, Ext. 102
- Case Number: 2013-0053161-N028
This married couple fell behind with their mortgage payments after 20 years in their house, which was sold in foreclosure on 12-17-2012. They began to move out.
On 1-12-2013 their son found the locks changed on the house, and a new window air conditioner removed.
On 1-14-2013 the couple got a 10-day notice to vacate dated 1-11-2013 from the substitute trustee. On 1-15-2013 the substitute trustee referred the couple's adult son to a local realtor, who said she thought the property had been abandoned and had authorized the changing of the locks in error. A neighbor reported seeing a locksmith remove the air conditioner. The realtor said she would consult her lawyer about compensating the couple for their missing AC unit.
Later that afternoon (1/15/2013), the son went back to the house with his mother and observed a moving company removing personal property from the house. A neighbor was coming out of the house with an armload of clothes. The movers said the son and mother could remove anything they wanted that was still inside the house.
The clients had 10 days from 1-11-2013 to remove their property. They seek compensation from the realtor for the wrongful disposal of their personal property. Removing it prior to the expiration of the 10-day notice or any writ from the Sheriff constitutes trespass to chattel or conversion.