Legal Limits

[Inspector G]

Hello-

I have a question regarding occupancy determinations for mortgage companies. The main purpose of the inspection is to identify abandoned properties, which the mortgage company has a right to secure if the borrower is in default.

Most determinations are easy. For example, a home that has flowers on the porch and a dog barking inside is obviously occupied and only requires a knock on the door to see if they are they are willing to verify who the occupant is (owner, renter, etc). On the flip side, a home with 2 foot high grass, 15 pizza coupons scattered around the front door, and no furniture visible through naked windows as you walk up to the house, and previously reported vacant, is obviously still vacant. (still, knock on the door)

My question comes about mainly for the houses that display mixed signals. Would it be legal to cup your hands up against a window and take a good look inside through open blinds, or the side windows at the door, or the high windows in the door itself? (after ringing and knocking with no answer) Is this legal/illegal if the property is obviously vacant, or obviously occupied as in the examples above? What is the threshold if any? How closely can one peer into a window? Is this the same as being a peeping Tom or is it ok because of the purpose, or the expectation, or the warning and attempt to contact the resident given by knocking and ringing?

Thank you in advance for your replies...

[PapaBear]

Hello-

I have a question regarding occupancy determinations for mortgage companies. The main purpose of the inspection is to identify abandoned properties, which the mortgage company has a right to secure if the borrower is in default.

Most determinations are easy. For example, a home that has flowers on the porch and a dog barking inside is obviously occupied and only requires a knock on the door to see if they are they are willing to verify who the occupant is (owner, renter, etc). On the flip side, a home with 2 foot high grass, 15 pizza coupons scattered around the front door, and no furniture visible through naked windows as you walk up to the house, and previously reported vacant, is obviously still vacant. (still, knock on the door)

My question comes about mainly for the houses that display mixed signals. Would it be legal to cup your hands up against a window and take a good look inside through open blinds, or the side windows at the door, or the high windows in the door itself? (after ringing and knocking with no answer) Is this legal/illegal if the property is obviously vacant, or obviously occupied as in the examples above? What is the threshold if any? How closely can one peer into a window? Is this the same as being a peeping Tom or is it ok because of the purpose, or the expectation, or the warning and attempt to contact the resident given by knocking and ringing?

Thank you in advance for your replies...

Wrong forum. The issues you pose are Civil in nature and have nothing to do with law enforcement. Property management, mortgage issues, home evaluations do not fall under the purview of criminal activities.

[txinvestigator1]

Hello-

My question comes about mainly for the houses that display mixed signals. Would it be legal to cup your hands up against a window and take a good look inside through open blinds, or the side windows at the door, or the high windows in the door itself? (after ringing and knocking with no answer) Is this legal/illegal if the property is obviously vacant, or obviously occupied as in the examples above? What is the threshold if any? How closely can one peer into a window? Is this the same as being a peeping Tom or is it ok because of the purpose, or the expectation, or the warning and attempt to contact the resident given by knocking and ringing?

Thank you in advance for your replies...

I see this as a legitimate criminal question.

In Texas, it is unlawful to look into a dwelling for lewd or unlawful purposes. since you are not doing that, I think it is perfectly legal. Of course, if there are no trespassing signs or such posted on the property, or if you have to cross over a fence to look in then you face criminal trespass issues.

Also be aware that you may find yourself looking down the barrel of a firearm as you peer into that window, especially here in Texas.

[Samuel]

It might be nice to put a call into the local LE agency (or better yet, stop by the lobby) to let them know who you are, where you will be going, what you will be doing, what you will be wearing/driving, etc and to do all this in broad daylight. That will help cut down on the possibility of a "misunderstanding"...

[BP348]

Don't be surprised if you get knocked the fukk out.

How about knocking on a neighbors door and asking them? Seems safer then having someone think you're a peeping tom.