I am a Real Estate Broker in the State of Colorado. I list VA owned properties through OCWEN for sale. On August 17 I was contacted by a pre-marketing asset manager at Ocwen and told to rekey and winterize a vacant property that was still in the redemption period after public sale.
I emailed the asset manager that I was aware that the property was not yet titled to the VA and attached a locksmiths authorization form for someone in authority at OCWEN to sign and return. Return email from the asset manager stated that I did not need anything like that and that it was ok for me to have the home rekeyed. The asset manager also requested that I call her. I did so and was told the following.
1. No other broker had ever requested authorization to rekey a property.
2. She had over 500 properties in Colorado and would never get any work done if she had to sign and return authorization forms. She suggested I sign the authorization if the locksmith insisted and if my signature was not acceptable to him, that I find another locksmith.
At this time I again restated that the property was still in the redemption period, the owner of record had the legal right to reoccupy the property and to redeem it and retain title. I also stated that I was not willing to break into a property which might still contain the owners possessions and put myself at risk of being arrested for breaking and entering and potentially theft.
The asset manager replied that she would not be telling me that it was ok if 'upper management' did not have the authority to order rekeying and winterization.
On 8/22 I contacted the Colorado Association of Realtors LegalHotline. I received confirmation of my liability and exposure if I proceeded to rekey and winterize this property.
On 8/23 I emailed the Asset Manager and told her that I would not be able to fulfill the work order without a signed locksmith authorization form from Ocwen.
Shortly thereafter the asset manager called me and told me that she was removing me as Broker from the asset. I insisted that she give me the name and number of her supervisor and eventually got her to comply with this request. I then spoke with the supervisor.
The resolution reached by the supervisor was that I hire an off duty Sheriff to accompany me, the locksmith and the plumber to the property. The sheriff was to remain the entire time the work took place and then to sign a document stating that the property had been rekeyed and winterized and that nothing had been removed from the property.
After this conversation, I called the El Paso County Sheriff's Department and was told that no officer could accompany me until a Demand for Compliance or Possession had been posted on the property front door, a Complaint had been filed with the court and a hearing held in Civil Court granted the right of Forcible Entry.
I have no way to comply with this legally required proceedure as all forms etc. Must be signed by 'Landlord', Agent or Attorney. I am none of those three.
I am gravely concerned that this practice of taking back properties before legal title has changed to the VA has put many, many Brokers in jeopardy. I would like to know if the VA is aware of these actions and also find a means to make other Brokers aware of the potential liability and damages they may face if they comply with Ocwens orders without first ascertaining who holds legal title to a property.
Thank you for your attention to this matter.
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