Safeguard has recently been notified of several complaints having to do with the securing of occupied properties. Such errors often lead to formal complaints and even lawsuits by mortgagors or third parties, for claims including trespass, property damage, etc. Claims that arise from the securing of a property that turns out to be occupied can be very costly to Safeguard, our clients, and our contractors. Even cases where there may be some question about the veracity of coinciding claims (of missing personal property, for example, or excessive property damage) may require costly settlements, for the simple fact that unauthorized entry into an occupied property makes Safeguard's position difficult to defend.

While we understand that it may sometimes be difficult to make a determination with absolute certainty about whether a property is occupied or vacant, there are a number of indicators that all contractors must consider whenever assessing occupancy status.

The usual methods for determining occupancy status are common sense: contractors should always begin with a complete visual inspection of the property exterior, to ascertain whether the property appears to be being maintained. Look for uncollected mail, overgrown vegetation, or other signs of neglect that suggest no one has recently been to the property. Next, check the status of utilities to see whether power, gas, and water are active. Finally, speak with neighbors and ask whether they can confirm the occupancy or vacancy of the property.

Of course, we realize that occasionally a contractor will enter a property after confirming all indicators of vacancy, only to find that the property is in fact occupied, as evidenced by fresh food in the refrigerator or the presence of personal property. Should you find yourself in this situation, you should immediately stop all work on the initial services order. Update Safeguard that an eviction is recommended, and provide as much detail and photo documentation as possible with the update. We urge you to contact Safeguard's customer service department from site to report the occurrence, so that we can promptly update our client and immediately take action to correct the error and hopefully forestall a formal complaint.

If you have any questions about this memo, or about any other issue concerning how to proceed with a work order, please call your regional coordinator.