When can they change the locks?

[onlineuse]

I'm wondering, at what point can the mortgage company change the locks?

We got a letter a few days ago asking us to call before it's sent to the foreclosure department for review. We are discharged post CH7, the mortgage/home was surrendered. As of this morning I see no public notices on the property, and there has been no activity at the County Courthouse online showing any Orders/Motions towards foreclosure. Combined with the letter that leads me to believe nothing has been done.

At what point though do they "bar the doors"? Is this after the 21 day Notice of Sale period expires, IE after they sell it? Or do they just show up one day prior and lock the doors?

[BassBoy]

More than likely, I would suspect that the bank/purchaser of the home at auction has to have the title/deed transferred into their "possession" before entering and/or altering. If not in their "possession", I do not believe they can enter the home, unless they have permission from you or the courts.

[BK'd-Betty]

Further, if it's a Judicial Foreclosure, they have to "formally" evict you - they can't just change the locks and lock you out of the home without a proper, and legal eviction.

[onlineuse]

This is what I figured.

I'm in a non-judicial foreclosure State but it still requires about 90 days even if they were in a rush. I see nothing on the foreclosure sites yet other than our bankruptcy - it's not even showing pre-foreclosure. We have maybe 2-3 hours worth of stuff left to move and than we are done, which we'll try to do this weekend.

I've read on several sites that even when they foreclose/sell, if you are in the home in this State they still have to EVICT you. Than the Sheriff comes and gives you 3 days to get out. I imagine we are months from that.

[HHM]

Don't worry, you are not going to suddenly come home and not be able to get in the house. Even in non-judicial states, the new owner (or the bank) has to evict you. But evictions typically take less time than the foreclosure.

[onlineuse]

HHM, they have to notify me/give me warning I imagine correct?

IE, they can't just show up, if their is an eviction proceeding the Sheriff or some other process server has to show up?!

If we get everything out tommorrow or Saturday I am going to call the mortgage company and tell them it is empty. I'm not looking to hassle them and the faster they move the better.

[MLZC-PA]

A 'funny' aside, ironically, we do asset management for mortgage jobbers (banks and other lenders, real estate brockers) after foreclosure (changing locks, doing trash-outs, maintenance, etc) One of the many reasons no one really wants to foreclose on a property is the long amount of time the process takes. The realtor doesn't get the listing until after the foreclosure and eviction, we change the locks somewhere in between. Even after the locks have been changed and the property listed we have had (through the realtor) requests to re-enter to claim personals left. Whoever now holds the property is usually inspired to be 'nice' by saving the cost of a trash-out.

Yep, it's a darned depressing way to make a living.

[BK'd-Betty]

MLZC-PA - what is a "trash out"?

A 'funny' aside, ironically, we do asset management for mortgage jobbers (banks and other lenders, real estate brockers) after foreclosure (changing locks, doing trash-outs, maintenance, etc) One of the many reasons no one really wants to foreclose on a property is the long amount of time the process takes. The realtor doesn't get the listing until after the foreclosure and eviction, we change the locks somewhere in between. Even after the locks have been changed and the property listed we have had (through the realtor) requests to re-enter to claim personals left. Whoever now holds the property is usually inspired to be 'nice' by saving the cost of a trash-out.

Yep, it's a darned depressing way to make a living.

[MLZC-PA]

Bk'd-Betty, Hi. A 'trash-out' is getting everything out of an REO property (real estate owned) 'Everything' is all the things the previous owner or tenant left behind when they/he/she moved out. Usually it is just trash, but we have come across items one can't imagine throwing in a dumpster (such as the ashes of one man's mother!)

[BK'd-Betty]

OH MY! I could never leave my mothers ashes behind!!! eeeek!

What about furniture and stuff - do people leave stuff like that behind? What happens to the stuff?

Bk'd-Betty, Hi. A 'trash-out' is getting everything out of an REO property (real estate owned) 'Everything' is all the things the previous owner or tenant left behind when they/he/she moved out. Usually it is just trash, but we have come across items one can't imagine throwing in a dumpster (such as the ashes of one man's mother!)

[MLZC-PA]

Fortunately we were able to return the ashes to the funeral home where they had a contact number for another family member.

People leave all sorts of stuff behind...kid's trophies, tons of clothes, furniture, building supplies, tools, car parts, photo albums, knick knacks. You name it. It all goes into the dumpster and becomes landfill.

[Frank]

Bk'd-Betty, Hi. A 'trash-out' is getting everything out of an REO property (real estate owned) 'Everything' is all the things the previous owner or tenant left behind when they/he/she moved out. Usually it is just trash, but we have come across items one can't imagine throwing in a dumpster (such as the ashes of one man's mother!)

I've viewed several foreclosed homes, and it's shocking what people will do. Plug the toilet to flood the place. Remove the kitchen sink. Rip up the carpeting. Remove all the kitchen cabinet drawer pulls.