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Can a mortgage company change the locks on my home before it has gone into foreclosure and not let me have my personal property?

Killeen, TX |

We have a home in Texas, due to not being able to find work we had to move out of state. We have had the home on the market for over a year with a realtor. I was notified that the locks had been changed by my realtor, not the mortgage company and now have been told I have to get permission from the lender to gain access to remove my belongings, even though my realtor has been given a key to show the property, however cannot allow me to remove my personal belongings...I am confused and I was told if I removed anything that I could be charged with theft. I have maintained the insurance on the house as well, with a vacant clause since I do not live in the home. I want to be able to go and remove my personal property , I have friends that have offered to help Ido not want anyone arrested.

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Attorney answers 2


The mortgage company had a lien on the house and any fixtures, such as appliances, but the mortgage would not attach to your personal property (furniture, clothing, books, etc), which would normally be exempt property. You need to contact the lender and clarify what it is that you want to remove, and ask what their basis is for holding those items. They can be sued for conversion if they are holding property they don't have a right to.


Some states have "abandonment" laws which permit mortgagees and their agents to take personal property which is left behind after foreclosure. This process generally requires some notice to you before seizure of the personal property. You should contact an experienced attorney in your state to see if your rights have been violated.

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