Is It OK To Shoot If A Bank Employee Breaks Into Your Home Illegally?

by | Oct 7, 2010 | Headline News, Karl Denninger | 35 comments

Do you LOVE America?


    Your sitting in your makeshift home-office reading the latest economic doom and gloom at, when you hear someone jimmying the front door.

    Do you:

    1. Grab the phone, lock yourself in the bathroom, and dial 911?
    2. Reach for the Beretta you have stashed in your office drawer and open fire?
    3. Reach for the Beretta, open fire, then call 911?
    4. Something else?

    As reported in the WFTV9 video below, when a JP Morgan Chase contractor attempted to execute a foreclosure lockout on her home, Nancy Jackabeeny [sic] of Orange County chose #1. It turns out, however, that Nancy was not in foreclosure and the bank made a mistake.

    Nancy is not alone – and such mistaken foreclosures and illegal entries into residences that are not in foreclosure and in many cases, are making timely payments, are becoming commonplace, as pointed out in New bank tactic – foreclose first, ask questions later:

    …the most recent of these bizarre, mistaken-identity foreclosures comes out of Pittsburgh, The Wall Street Journal reports.

    There 46-year-old diner owner Angela Iannelli returned home to find it padlocked.

    Once she managed to get in, she found her furniture damaged, her belongings strewn about and her prized, 11-year-old parrot gone.

    Iannelli, who had not missed any payments, then had to haggle with Bank of America employees to get her parrott back, she contends in a lawsuit.

    As Attorneys General across the country (e.g. Ohio, Texas, Delaware) take action against mega-banks that may have or are currently foreclosing on tens of thousands of homeowners without the appropriate mortgage notes and legal proceedings, it is important to ask whether or not a homeowner is legally within their rights to shoot a perpetrator if they come barging through the door in the middle of the night to execute a foreclosure.

    Karl Denninger of Market Ticker recommends that you buy a gun. He quotes Florida home protection statutes that clearly define when a homeowner can use deadly force to protect his or her home, namely in the event that the “person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle.” According to Denninger:

    That’s pretty clear.

    So when Mr. Bank Thug unlawfully comes into your home, is not a law enforcement officer who has properly identified himself, and unlawfully breaks down the door, you are, from my reading of this statute, within your rights to shoot him to stop that unlawful entry, as you have the presumption under Florida Law that his intention is to commit an unlawful act involving force or violence.

    I ain’t a lawyer but this statutory language does not leave much to interpretation.

    Therefore, in Florida (and some other states) if Mr. RoboBank decides to come try to steal possession of your home without the nuisance of lawful process (and if you’re not actually in foreclosure he cannot acquire lawful process) it certainly appears that you have every right under the law to stop him, up to and including the use of deadly force.

    Most states have similar homeowners protection laws and give you, the homeowner, the right to defend yourself if you feel threatened. (Make sure you understand the laws in your state before using a firearm)

    There have been instances, similar to Ms. Iannelli’s from above, where bank employees and contractors have actually locked the home and taken all of the homeowners possessions, only to find out later that they foreclosed on the wrong home.

    If you happen to be in your home at the time such an action ensues, and multiple individuals show up at your front and back doors, and you have no notice of an imminent foreclosure, what are you, as the homeowner, to think?

    In the interest of safety for all involved, we recommend you announce your intentions prior to opening fire. Keep in mind that the people doing the work are usually contractors who assume that the bank did their due diligence and that they are acting within the confines of the law.

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      1. i have a 110 pound bow and some hunting arrows.  after an extremely loud rebel yell i would shoot a warning arrow into a structure near the closest intruder.. after this they all would be gone within 10 seconds.

        furthermore they would not return……..ever.

      2. Wouldn’t you think the “thud” of the arrow would be enough, and the rebel yell just a little over the top ?

        And if the bow weighs 110lbs, how much to the arrows weigh ?

        Jeez….so many questions, so little time……….

      3. Not a very good bunch of choices.

        How about:

        5. Grab 12ga pump in the corner. Warn intruder that they are about to be shot if they don’t stand down. Ask for identification. If they fall on the floor, hands up, call 911. If they did not comply, well, lets just say that #4 bird shot makes life very painful at over 50 yds, at under 50 ft it makes hamburger.

      4. If there is a grey area you might be better off to ask questions first and shoot later.  If you shoot someone and they are not doing something illegal you may spend 20 years in a 6×8 cell with Bubba.  And if you shoot and miss then you have just given the other person a legal reason to shoot you. 

      5. You could fill the 12gauge shells with salt and pepper.
        Then shoot all the butts you can see.
        The winner gets a teddy bear 🙂
        They will surely rethink to visit you.

      6. Pull taze trigger then yell halt.  Sit…..good boy!  Now stay.  Pull out pepper spray & rinse eyes.


        When in DOUBT???

        KILL IT!!!

        …..then ask it what it wants!

      8. First  spray wasp and hornet spray in their face, (better than pepper spray) it shoots 20 plus feet.  Then grab a metal ball bat or golf club and whack them on the shins (ouch!).    Then,  if the person appears to be high/drugged then grab your gun if you feel your life is threatened..each situation  if different so use common sense.   Keep all these items easy to get to   near the front and back doors.

      9. shoot first – unless the SOB identifies himself.

      10. Comments….. my experience with these repo types is that they are armed, and in concealed carry. so prepare for damage fighting. I doubt if they have CC permits, Once I made the dude as condition black,  trespassing on my farm for the third consecutive time. I yelled at him that I was aware that he was CC on posted private property, after my recent training in Nevada for my XD, I dared him to draw, and I told him that the sherrif was on the way to arrest him for a CC violation.

        As I said, if thay ain’t armed personally, they will bring a cop.

        No cop, bet they are armed….


      11. Someone, breaking down my front door at 2 am in the morning, had better be identifying himself, very loudly, and clearly,  and flashing a badge, and warrant.

        Even so,  who says,  in my state of panic and shock,  I have to believe anything,  an intruder says, who has entered my house by force?

        Sorry,  but if I shoot,  I shoot to kill,  and continue to shoot,  until I am certain.   That is just the way it is.

        (Besides, someone kicking my door down, means they must have killed my dobermans,  so they would deserve to die  , anyway.)

      12. Yes, shoot the guys and DON’T call the cops. Bury them in the woods. That will keep you from years of nonsense thru the legal system. They WILL find a way to charge you with “something”.

      13. In the middle of the night, does it matter what the intruder is yelling?  How many home invasions had the intruders yelling “Police!” so the occupants did not shoot?  If the tactics of a burglar are being used (breaking and entering) how can a reasonable homeowner not think it is a burglar?

        For the safety of all involved, if someone has official business, they can show up during normal business hours and give more than enough time after properly identifying themselves before breaking down the door.  In the middle of the day, you can look out a window and see a cop car or other clearly marked vehicle.  At 2 am, you don’t know if the guys yelling “Police!” showed up in a rusted van with their last haul in it.

        Act like a burglar, get treated like a burglar.

      14. Tony:  toss down outdoor outhouse w 10 bags of quickcrete concrete.

      15. My two canines don’t discriminate on any basis. Trespass, and pay the price regardless of your credentials. I pity the fool who trespasses beyond my threshold. I really, really pity the fool who attempts to harm my canines.

      16. Laura:  I like that, do they roll over & do the inverted hornet thing!  Read warning label to them afterwards?

      17. lostinmissouri: And everyone else; a couple years ago in a campground outside of Flagstaff AZ, a couple sleeping in their RV were awakened in the middle of the night by two people pounding on their RV, claiming to be Sheriff deputies. They weren’t.

        This elderly couple was kidnapped by escaped convicts, the wife repeatedly raped, and both of them eventually murdered.

        The moral of this story might be shoot first and ask questions later, but if you are disturbed in the middle of the night by strangers at your door claiming to be sheriff deputies or police, I would call 911 and be sure the Sheriff or Chief of Police was aware that he had two screaming idiots at my door, and that he needs to verify who they are before I open the door, because if they come in without my permission, they are dead men.

      18. Sorry. Like what someone said above, these intruders are probably armed too.

        There are lots of alumni from Iraq and Afghanistan, plus a hundred other hellholes, who have seen and done it all. And many of them work in this kind of industry since it is one of the few who welcome them.

        Plenty of ex-owners gunned down after “resisting due process”. The jury will acquit the ex-vets.

      19. If you are in fear for your life and/or property in your home, in Texas at least, you have the right to shoot.  It is called the Castle Doctrine.

        Also, in Texas they have no right to lock your home or enter your home without a Constable serving a writ of possession.  And trust me, as a person in the rental real estate business, Constables don’t serve these at night and they don’t enter your home unannounced or unknown!

        Finally, as my grandfather used to say, “Better to be tried by twelve then carried by six.”

      20. As a small town community banker (not a Wall Street Bankster) I’d like to point out to fellow readers that 99% of the people that work for banks are good honest, hardworking men and women, who are just doing a job.  To refer to a bank employee as a “Bank Thug” reflects an ignorance that is appalling.  This attitude of “I’m OK”, but everyone else is a scumbag is very, very dangerous.  Remember the Lord’s admonition to “Judge not, lest ye be judged”.  Come on, let’s apply a little brainpower to some of these over the top comments.

      21. The question is silly, how is anyone to know who it is that is breaking into your home?
        My philosophy is to kill any son of a bitch that is breaking into my home, whether he/she is wearing a government costume or street clothes.

      22. Here in South Florida there has been a recent rash of home invasions committed by individuals claiming to be police and even FBI; some even have realistic looking uniform type jackets.

        Rule # 1 around my house: If you have legitimate business with me, come during normal (8:00 AM – 5:00 PM) business hours, knock  on my door to attract my attention and then introduce yourself and explain your intentions/business.

        Rule #2: Trespassors will be shot on sight, survivors will be shot a second time.

        Rule #3: Better to be tried by twelve than to be carried by six.

      23. MadMarkie,

        We must have had the same Grandfather.

      24. I’ve had uninvited and unwelcome bad guys force their way into my home before. Once burned, twice shy. I’m giving no notice, and I’m not aiming for non-lethal areas.  I shall fall back on the Marine rule, and kill it.
        NOTICE TO ALL CONTRACTORS WHO MAY BE TASKED WITH ENTERING HOUSES:  Check, double check, and check again that no one is in the house.  Just because you’re an innocent worker doesn’t mean someone won’t shoot you.

      25. i agree with tony. apply the soprano technique. any intruder(s) confronting me on my property will disappear never to be seen again.

      26. MADMARKIE, I too am in south FL (Davie) which is next to Cooper city where that fake FBI home invasion attempt took place.
        Here’s the way I see it, until the cops can explain to me that a criminal home invader is incapable of shouting “police”, I will assume that EVERY attempt to break in is an attempt by thugs on my life and that of my wife.

      27. My place is watched over by God and Guns..if you come here unwelcomed, chances are, you’ll get to meet them both

      28. She should have rented out some rooms via craigs list…then she would not be behind on her mortgage.  As for self defense….I have weapons in everyroom.  I wonder how many armed Americans there are?  My guess…about 1 in 4. 

      29. Anon: As a small town banker you probably don’t qualify as a “Bankster” so you need not take the criticism personally.  As someone who has flown the country for a major bank analizing its owned real estate, I don’t either.

        The scum bankers and banksters are the top managers who make the rules to enrich themselves at the expense of shareholders, customers, and the public; who make bonuses based on the amount and number of bogus loans they made instead of the quality loans that they should have made. 

        These are primarily regional managers and division heads. We don’t qualify as decision makers within these organizations, nor are we Wall Street banksters who devised the frauds that destroyed the American financial syste; and where the biggest crimes against the American taxpayers and investors were made.

        On the contrary, I lost my job for being an obstacle in the way of “production”. Best thing that ever happened to me. I went out and discovered a gold mine that everyone else had walked past for 150 years. Sometimes justice is delayed, but Justice is certain.

        In the case of this post, the key here is that anyone entering someone’s home uninvited, will pay a price: contractor or banker.

      30. OMG, what kind of a world do we live in right now?  It’s a horrible time to live.  I heard all kinds of stories about how banks operate these days.

        Banksters have too much power and operate like a bunch of gangsters.

        J P Morgan Chase bank bought WAMU for pennies on the dollar.

        The price was selling for 12-billion — JP Morgan got it at about ONE BILLION.

        We will end up with only six (6) big banks, Ben Bernanke will let all small banks fail.

        God bless America.

      31. @ Fed Up In TX -  You’re right; we could have the same grandfather, my family and I are originally out of the Central Texas Hill Country, some from around Kerrville and others from around Cedar Park. And grandpa did get around!

        @ Dave – Sunrise, FL here Dave. I get over into Davie regularly to assist a family member with his store.

        I have nothing whatsoever against the police/law enforcement. By and large they are regular folks attempting to do a very thankless job for not enough money. I, myself, wouldn’t be a cop for any price; you couldn’t pay me enough to do this job.

        What I do have an issue with is the a–clowns with badges in their black backlavas, black jack-boots and gestapo mentality, operating in a large group (gang) attempting one of their so-called “dynamic entries”. Assault my family, myself and my home at your own risk; I will resist violent and deadly force directed against us. That’s what Rule #3 is all about.

        @MntGrl – the ‘repo-man’ has gotten his a– shot and killed in Texas for going onto someone’s property after dark and breaking into their garage in an attempt to repo their vehicle. The individual doing the shooting has walked away uncharged. This is another job that I wouldn’t have for any amount of money.

        I have a very strong feeling that there is a big event headed our way soon. Hurry up and get all of your final preps taken care of as best you can, gather your family and loved ones close around you and get ready to hunker down. God Bless and good luck to all. Perhaps I’ll see you there in “Barter-Town”.

      32. Comments….. In this day and time anyone who goes to a front door of anyone’s home and changes the locks or tries to break in,  deserves to be shot….shot for being an idiot!  Coming to anyone’s home unannounced is just asking for trouble.  I would warn them first, then if they continued I would be on the phone with 911 and then shoot.  I wouldn’t wait for the cops to show up, they may never show up.  The woman who locked herself in the bathroom was asked a zillion questions that she could not answer.  She wasted a good 5-10 minutes of saying “I do not know!”  I wouldn’t jump through those hoops, shoot and ask questions later.

      33. calling 911 is a waste of time and colt 1911..and get satisfaction and immediate resuts..

        here is something for the call 911 after the crook is eliminated .

        do you think that a crook told his family before he left to go ut pilfering , steeling and murdering..”hey baby, if i dont come home tonight after my blundering, call the police so they will come looking for me?”..never happens

        the 5th..I never saw the guy…strange how he ended up laying face down in the fast lane out on the freeway

      34. I am a locksmith that operates in the state of Iowa.  When I am called by a bank/realtor to do a rekey on a house I always knock on the door.  If the house is occupied, I call the authorizer to make sure the information they gave me was incorrect.  And 9 times outta 10 its incorrect information.

        Due to such I no longer provide house repo services to any other companies.

      35. My state has a castle law.  Someone walks in unannounced game on. Blast away. 

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