In 2002, a condominium owned by Gerald and Katrina Thitchener was erroneously stripped bare due to wrong enforcement of foreclosures by state officials with their personal property ending up sold. Aside from furniture and clothing, the couple lost irreplaceable valuables including Katrina's wedding band and dress, their wedding video, service medals that Gerald earned during the Gulf War, including a photo of President George H.W. Bush taken together with his Air Force unit.



Their plight began when the couple fell behind on three mortgage payments of their condominium in Las Vegas, while Gerald was transferred to Tucson, Arizona. As part of proceedings for foreclosures by state, Countrywide Home Loans Inc. who owns the mortgage sent a representative to check on the property. However, during these proceedings, the couple was able to catch up on payments and was current on their mortgages.

However, another property went into foreclosure in the same condominium complex. The Countrywide representative made serious error of thinking that this case still involved the home of the Thitcheners, and that he have already performed proceedings as required for foreclosures by state. At that time, the couple was still in Tucson due to Gerald's assignment and was not able to clarify the situation. Eventually, the condominium unit was forcibly opened and all belongings discarded and the property sold. When the couple heard of what happened they tried to make contact with Countrywide to no avail, so they eventually filed a lawsuit.

A tedious legal battle ensued, with the Thitcheners winning against Countrywide with a judgment amounting to $3.1 million at the Clark Country District Court. However, Countrywide's attorneys appealed to the state Supreme Court, which eventually reduced the award to $2.2 million. The higher court declined the tripling of a portion of the said award granted by the lower court intended for personal property loss.

In this regard, an amendment proposed by Assemblyman Marcus Conklin of Las Vegas, the AB132, was approved by the Assembly Judiciary Committee. The bill, a one-sentence law change, was also supported by the Nevada Justice Association attorney Bill Bradley. The new law allows for treble damage awards when unlawful or forcible entry into a private home resulted to loss of property, as in the case of this foreclosures by state case with the Thitcheners.

However, the AB132 could not be backdated for the couple. They would have to settle with the reduced award from the Supreme Court.