Just when you think you have heard every disturbing story from the guardianship and probate world, another door opens.
Sometimes literally.
Here is the latest “aha” moment families need to understand:
A parent dies and leaves you the family home. You are grieving, gathering documents and waiting for probate to move forward.
Meanwhile, the mortgage company may decide the house appears vacant or unsecured and hire a “property preservation company” to inspect, maintain or secure it.
That can mean strangers showing up at the home.
And in one alarming Florida case, it allegedly meant an armed contractor entering the house without the family’s permission.
A Daughter Fighting to Protect Her Father’s Home
Tampa Bay 28 investigative reporter Adam Walser recently told the story of Anna-Maria DeCicco, whose father died and left her his Hillsborough County home.
The property was tied to a reverse mortgage, and while DeCicco fought foreclosure in court, the mortgage company sent property-preservation contractors to maintain the yard and secure the home.
After she reportedly found the house unlocked and ransacked, her attorney advised her to install surveillance cameras.
The video later captured contractors discussing how they planned to enter the house. An interior camera then recorded a man carrying a handgun as he walked through the home.
DeCicco said neither she nor the homeowner had given him permission to enter.
Think about that.
A father dies. His daughter is trying to protect the home he left behind. The property is still tied up in court, and an armed stranger hired through a mortgage servicing chain is walking through the house.
How is that considered property preservation?
The Bank Does Not Automatically Own the House
DeCicco’s attorney made an important point in Walser’s report: holding the mortgage does not automatically make the bank the owner of the home.
A lender may have contractual rights to inspect or protect a property it believes is vacant or abandoned. But maintaining the yard or checking the exterior is not the same as having unlimited authority to enter the home.
Protecting collateral is not the same as taking control of someone else’s property.
The lawsuit alleges the contractors entered without a court order and disregarded DeCicco’s rights. Those claims will have to be decided in court, but the surveillance video raises a larger question:
Who protects the family while the bank claims it is protecting the property?
Probate Delays Can Put the Home at Risk
The waiting period after a death can leave a family home vulnerable.
The heirs may not yet have court documents proving their authority. The bank may refuse to speak with them. Taxes, insurance, utilities and maintenance continue while probate drags on.
Then the mortgage servicer may classify the home as vacant or abandoned and send in contractors.
Banks often hire servicing companies, which hire property-preservation vendors, which may then hire local subcontractors.
By the time someone arrives at the house, the family may have no idea who authorized the visit or what that person believes he has permission to do.
When something goes wrong, everyone points to someone else.
The bank points to the servicer.
The servicer points to the contractor.
The contractor points to a work order.
And the family is left fighting to protect the home they were supposed to inherit.
Another Threat to Generational Wealth
We have already seen guardianship and probate estates drained by legal fees, court costs, forced sales and years of litigation.
Now add property-preservation contractors to the mix.
They may be hired to mow the grass, photograph the property, change locks, remove debris or determine whether the home is occupied.
Those duties may be reasonable when a property is truly abandoned.
But what happens when the house is not abandoned?
What happens when family photographs, legal documents, jewelry, heirlooms and other personal belongings remain inside?
Walser’s report also describes another lawsuit involving a hurricane-damaged home where property-preservation contractors allegedly entered the property and valuable football memorabilia later appeared for sale online.
These are not just possessions.
They are family history and part of the wealth one generation intended to pass to the next.
What Families Should Do
Anyone inheriting a mortgaged home should act quickly.
Notify the mortgage company of the owner’s death in writing. Ask what documents are required to recognize the estate representative or lawful heir.
Keep the property maintained and secure. Photograph every room and valuable item. Install security cameras where appropriate. Save every letter, email, voicemail and work order.
Immediately report any unauthorized entry, changed locks, missing property or damage to law enforcement, the mortgage servicer, the preservation company and the estate attorney.
Families should not have to become private investigators simply to protect a home their parents worked a lifetime to acquire.
But until the system changes, vigilance may be the only thing standing between an inheritance and another institution trying to control it.
Credit goes to Tampa Bay 28 investigative reporter Adam Walser for exposing this troubling case. Readers should review his full investigative report here.
Every family with aging parents, a mortgage, a reverse mortgage, a trust or an expected inheritance should pay attention.
The next person entering the family home may claim they are there to protect it.
The family may see it very differently.







