Panel OKs bill to help owners win damages
CARSON CITY — A key Nevada Senate panel voted unanimously Friday for a bill that would help homeowners win court judgments for personal property damaged or sold during improper foreclosure proceedings.
Assembly Bill 132, sent from the Judiciary Committee to the Senate floor for final legislative action, would allow for awards of up to three times the value of property taken or damaged. The Assembly voted without dissent for the plan earlier this month.
The change was proposed by Assemblyman Marcus Conklin, D-Las Vegas, after a Las Vegas couple’s home was mistakenly entered during foreclosure proceedings, and irreplaceable items such as wedding photos and military awards were sold.
Gerald and Katrina Thitchener were current in their payments but a mix-up put them on a foreclosure list in 2002. They were out of town when personal property was taken from their condominium, and couldn’t recover extra damages because current law only covers damage to the home.
Senate Judiciary members were told by Nevada Justice Association attorney Bill Bradley that AB132 stems from a lawsuit against Countrywide Home Loans Inc. filed by the Thitcheners after their improper foreclosure.
After a long legal fight, the Thitcheners won a $3.1 million judgment against Countrywide but saw it reduced to about $2.2 million by the state Supreme Court.
The high court wouldn’t allow a tripling of part of the award which had been granted by a lower court for the personal property loss.
AB132 doesn’t change the outcome of the Thitcheners’ case but makes it clear for any future cases that Nevada allows for the treble damages when "forcible or unlawful entry" into someone’s home results in loss of personal property.