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Can I legally make my mortgage company stop sending "inspectors" out every month?

I became behind on my mortgage and have been in constant contact with my mortgage company. I have been behind almost 2 years but I am starting to catch up. I am about 45 days past due and continue to make regular payments and my wife calls them. They recently started send "inspectors" out to take pictures of my house and when I called them about it, they said it would not be a regular thing but they have sent one out 4 times in 5 months. He takes pictures and leaves something on my door. I have told them they are not allowed on my property anymore, that they own the loan and I own my property but they keep saying they have the right to send an inspector. I told them to take pictures from the road and to stay OFF my property but they persist. They charge $95 each time. How can I stop this?

Real estate
Asked in Centerville, TN | Jun 3, 2011 | 1 answer
Answer
Charles Reiger Gallagher III
Charles Reiger Gallagher III
Foreclosure Attorney in Saint Petersburg, FL
| Licensed for 24 years
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Posted on Jun 3, 2011

This is a new trend where lenders are abusing the rights under the vacancy inspection provision of the mortgage. Where a homeowner abandons the house and moves out, the lender is entitled to secure the property. So they will send inspectors out to the home to see if the home is occupied. But lenders are using this as a collection method to intimidate homeownwers. The easy way to stop this problem is to send written correspondence to the bank advising that you reside in the home and potentially include a power bill as independent proof. If you have advised them of the occupancy, then you have taken away the need for the bank to inspect the home.

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Please note that this answer is not intended as legal advice rather it is meant for informational and educational purposes. No attorney-client relationship is created or is intended to be created by this answer. The answer relates to only Florida law. The facts of each legal matter or issue are different and you are urged to contact a licensed attorney to discuss the specific facts of your case and legal issues.

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Posted on Jun 4, 2011

Thank you so much! Letter and electric bill is in the mail.

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