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Locked me out of property for over 2 years. I was expected to pay for said property. Credit score ruined,my rights?

Mesa, AZ |

Foreclosure sale date Oct 2008, was partially moved out. House was up for short sale. They locked me out and declined the offer on the house. 2 years later get a call from a realtor saying someone wants to purchase the property. I was not aware I still owned it. Bank took the offer for purchase. Property was sold. Bank still posted my account as not paid for the 2 plus years they had the property. This has made my credit score be lowed by a lot.. Not to mention I can not get a new mortgage till 3 years after the short sale was recorded. Even thought I have been out of the property for 5 years. I am wondering if I have any rights to remove the credit hit and if it was against the law to lock me out of the house and hold me responsible for over 2 years with no access to property.

Attorney Answers 1

Posted

Typically the bank does not go to the property and change the locks (lock you out) unless they have been by and see that the property has been abandoned. It it appears to have been abandoned, then they will do this. Even after that happens, you can still go back into the house if you want, until the foreclosure sale actually happens.

The bank CAN postpone the sale for years, as they appear to have done in your case, and continue to report the delinquency on your credit. Honestly, aside from the question of whether or not the "lock-out" was appropriate, everything else they have done appears to be perfectly legal. Not ethical, but legal. You should also look into whether or not there was an HOA ... if there was, you may have a giant HOA bill out there too as those obligations remain yours until the foreclosure is done.

Douglas Edmunds is in the business of helping people and companies file for bankruptcy protection. The bankruptcy code requires that I call my firm a "debt relief agency." Any answers or information provided is for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the legal issues. This is not intended to create a attorney-client relationship. Each individual's situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state for specific information.

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Posted

I tried to call the bank for weeks after the lock out and they refused to give me any information on if it was them who locked me out or not. Hence I was not access back in the property. It was not completely empty. Also the realtor that was helping list it for short sale was not getting answers from BOA on why the locks were changed either. She was not granted access back in either. There was no hoa on that property. And it makes no sense to me on how they can do that. It like someone repossessing a car and leaving it in the garage with no access to it for over 2 years and expecting you to pay for it...

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