foreclosure laws of santa rosa county, fl???
we are in foreclosure proceedings with a bank in NY and a realator that specializes in foreclosures based in florida. the bank in NY has hired the realator to secure the property by putting a pad lock on the door denying us access to our property. the bank has assumed that the property has been abondoned. can they legaly break into the house changing the locks without judgment from court and our notification of such. and can they deny us access to our property before the foreclosure date?
Public Comments
- No, they can not really just take the property away before the foreclosure has gone through and the house has been sold at a sheriff sale. However, they can request the court to secure the property temporarily, which might mean changing the locks on an apparently-abandoned house. Especially if you have not responded to any of the bank's motions in court or filed an answer to the foreclosure lawsuit or appeared (yourself or through an attorney) at the foreclosure hearing, the bank may just assume that you have left the house. The government basically does whatever the banks tell them to do, so that helps explain why the house has been locked up. You can try to get access back to the house by calling the local sheriff's department, but you will most likely have to inform the court that you are still in possession of the house even though it is not your primary residence. That might require filing paperwork in the court and having the government remove the locks that were changed or allowing you access to the property. But the house is still yours until it is sold at the county foreclosure auction. They can secure it if it looks like the homeowners have abandoned a property in foreclosure, but not otherwise interfere with your ownership interest. Hope that helps. ForeclosureFish
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