Can I move back into my foreclosed property, after moving out. No foreclose sale date is set or filed. Bank did change locks?

Asked over 1 year ago - Rochester, NY

The house has sat unoccupied since, with no foreclosure sale date even filed. The mortgage company changed the locks, but the town has been cutting the grass and since the title/deed is still in my name. The town has sent me the bill. Since I am on the hook to maintain the property and my current lease is about to run out. Do I have legal right to move back in and maintain the property until foreclosure sale date even filed.

Attorney answers (3)

  1. Ivan E. Young


    Contributor Level 11


    Lawyers agree


    Answered . If the information provided is correct, you have the absolute right to re-enter and occupy the property. Specifically, up until the day that the home is actually sold auction, and the deed transferred to another party; you are the lawful deed owner of the property with the lawful right to occupy it as such.

    Again, at this point, your next step should be to contact/consult/retain legal counsel that is fully knowledgeable in the foreclosure defense arena of law.

  2. Peter J Weinman


    Contributor Level 18


    Lawyers agree

    Answered . I agree with what Mr. Young has said, but want to ask whether you were actually living in the house before the foreclosure commenced. If it was not your primary residence, you may not actually have the right to move in. If it was your primary residence, why did you move out so prematurely in the first place?

    NOTE: (1) I may be guessing and/or not even licensed in your state; (2) We have not established an attorney-client... more
  3. Jayson Lutzky


    Contributor Level 20


    Lawyer agrees

    Answered . I agree with the prior responders with an addition. Consult with a local real estate lawyer right away and bring in all the paperwork.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more

Related Topics

Property foreclosure

If you miss too many mortgage payments, your lender can start foreclosure proceedings to take ownership of the property, but it has to follow your state's laws.

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