EVIDENCE LOG: Utility Exploitation & Infrastructure Failure

Subject: Unpaid Utility Consumption and Unfixed Water Damages Status: Ongoing Violation Related Item: Utility Dispute Letter


1. UTILITY TAMPERING (Ongoing)

  • Current Status: Electric and Water accounts remain in the Defendant’s name.
  • Evidence of Use: Utility usage spikes documented on the day of removal and current smart-meter readings indicate ongoing consumption by the Plaintiff/Occupants.
  • Financial Impact: Defendant is being billed for the energy and water used by the Bank’s agents and any third-party occupants.
  • Legal Claim: Theft of services and conversion. Plaintiff took possession of the property but failed to transfer financial responsibility for infrastructure.

2. INFRASTRUCTURE FAILURE: THE WATER LEAK

  • Incident: A significant water leak was identified within the property prior to or during the 12/9 removal.
  • Plaintiff Awareness: Plaintiff (FCFCU) and their agents (locksmith/Sheriff) were alerted to the leak.
  • Failure to Mitigate: Plaintiff has not repaired the leak despite being in sole possession/control of the property.
  • Ongoing Damages: The leak is causing active structural damage, mold growth, and devaluation of the property—which theoretically still belongs to the Defendant’s estate until the final accounting is settled.
  • Evidence: Inspection photos from 12/9 show pooled water; no evidence of remedial plumbing work since.

3. SUMMARY OF HARM

  • The Plaintiff is functionally “living off” the Defendant’s credit while the property decays under their negligence.
  • This further supports the Bad Faith and Vindictiveness claims against FCFCU.

utilities water_damage theft_of_service bad_faith infrastructure property_decay