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

Rochester, NY |
Filed under: Property foreclosure

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. 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. 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 relationship; (3) Sometimes you get what you pay for; and (4) If you want to send me a gift, my favorite color is orange.


  3. 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 it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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