Legal Question in Credit and Debt Law in Pennsylvania

My question is this...is it illegal for someone to enter my home if the door is unlocked? I am in pre-forecloseure and a rep not only entered my home when I wasn't there nor did they contact me via phone, but also they made a false accusation that I was starving my cat to a family member that I did not want to know I was having financial difficulties. I'm upset, and was wondering if I had a legal right to take action. Not only was my house entered but my privacy was compromised and I was humiliated from this. I want to sue them for breaking and entering and emotional pain and suffering in the amount of my balance. Any advice would be appreciated thanks ...mark


Asked on 5/31/10, 12:48 am

1 Answer from Attorneys

Mark,

You have enough going on in your life without thinking of suing someone. Why was the door unlocked? Did the house look abandoned? What do financial difficulties have to do with allegedly starving a cat? Did they contact a family member? There are a lot of details which are missing here.

I am not unsympathetic to your plight, but you have to think things through. What they did was wrong - sounds like a criminal trespass, at most. What were your damages really? Emotional distress? Unless you can back it up with some medical evidence, I would not waste time, money and energy on this. You have a right to be upset, but uUnless you can tie the actions of the person in your home to the mortgage lender and imply they were aware of this and condoned it, you are not going to be able to reduce the balance.

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Answered on 5/31/10, 8:46 pm


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