Wells Fargo commenced a foreclosure action on a New York Homeowner. The homeowner notified Wells Fargo that, although he had discontinued utility services and winterized and secured the dwelling, he had not abandoned it.

He visited the property regularly and had a neighbor watch it in his absence.After Wells Fargo found the front door of the home open, it had the locks changed, and secured and winterized it.

The homeowner claimed that damage was caused to the home and various items of personal property were taken.The mortgage stated that the lender could enter and inspect the property in a reasonable manner and at reasonable times on notice.

However, there was no indication that notice to the homeowner was provided by Wells Fargo.The mortgage also stated that if the property was abandoned, Wells Fargo could secure and repair the property, including changing the locks.

The New York Supreme Court, Suffolk County held that Wells Fargo had committed a trespass and awarded the homeowner $200 in damages for the trespass, $4,982 for the value of the personal property that was lost and $150,000 for punitive damages.