Nevada Sen. Terry Care, D-Las Vegas, testifies Friday, March 13, 2009, at the Legislature in Carson City, Nev. Lawmakers are considering a bill that would help homeowners win court judgments for personal property damaged or sold during improper foreclosure proceedings.(AP Photo/Nevada Appeal, Cathleen Allison)
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.
AB132, 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.
For the Thitcheners, the losses weren't just items that could be replaced, such as furniture and clothing, when their condo was "trashed out" by mistake.
Among other things, they lost Katrina's wedding band and dress, a video taken they day they were married, Gerald's Gulf War service medals and a photo of his Air Force unit's meeting with then-President George H.W. Bush.