Foreclosed on in VA

[lostgrl]

Hi everyone. I am new to the forum. Just filed chapter 7 on Monday. Our house was sold to the lender at auction about 2 weeks ago. We rented a new house and was supposed to move today, but our checking account was frozen on Friday. Our attorney will hopefully have it released tomorrow. We were away last week, camping with family over the 4th (bad time to be away, I know, but my elderly parents live for this family reunion) and the broker representing the lender broke into the house. He literally removed the back door lock. It doesn't look like anything was disturbed, but he left papers with a calling card in the front door. Is it legal for him to come in at any point in time and remove door locks? It is obvious we are still living here. I thought they were supposed to evict us first. Anyone know the answer to this?

[lrprn]

Welcome to BK Forum, lostgirl - glad you found us!

Is it legal for him to come in at any point in time and remove door locks? It is obvious we are still living here. I thought they were supposed to evict us first. Anyone know the answer to this?

Foreclosure and eviction laws vary from state to state, so the legal answer to your question depends on where you live. For example, some states like Washington don't require an eviction notice.

In general, once your house is sold at auction, any rights you had as the prior owner are extinguished. Your home doesn't belong to you any longer - it belongs to whoever purchased your home at the auction. If the new owner wants to take the doorknob off to gain access to the house, they can. I'm not a lawyer and I don't know what state you're in, so be sure to explain this situation to your own bankruptcy lawyer and get his/her opinion.

What the broker did to the backdoor was unkind, but removing the doorknob to gain entry into a house that the company he represents now owns very likely isn't illegal.

[freshstart06]

sorry to hear what happened but you were supposed to move out before the auction. they can force you out if they like. I hope everything works out.

[sandhall]

In SC our house went to auction before we moved out and the new owner lender gave us 45 days to move out plus if we left house clean (we did) gave us a check for $1000 but in SC you have to be served that your house was sold at auction before eviction notice and can be served and the lady told us that most companies will give you 30 days once it is sold at auction before they start eviction

[lostgrl]

Thanks guys for the info. I haven't been able to get back on in awhile because we have been moving. We did give up the house, in lieu of eviction, in a cash for keys deal of $500. The broker had us sign the paperwork and leave the keys on the kitchen counter. He said that he had to go in and take pictures, then he would contact the lender who bought back the house and a check would be sent to us. Hopefully, they will hold up their end of the bargain. Wow Sandhall. We should have went for more than the $500 offered for the keys and clean house. Has anyone bargained and gotten more money for the keys?