Should I answer letter verifying if I am living at this address?

Attorney answers (3)

1. Licensed in MI

   

   Jeffrey C. Hicks

   Mason Real Estate Attorney

   Contributor Level 9

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   Answered July 07, 2010 10:15. The letter is most likely an attempt to by the lender take advantage of Michigan's foreclosure abandonment statute, MCL 600.3241a. The mortgagee is required to make a personal inspection of the property and mail by certified mail, return receipt requested, a notice to the borrower that the mortgagee considers the property abandoned. If you do not respond in writing within fifteen days of the letter, it is presumed that the property is abandoned and the redemption period is accelerated to thirty days from the date of the sheriff's sale. There is little reason for you to ignore the request to verify that you do, and intend to, occupy the property.
   
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2. Licensed in MI

   

   David E. Tovarez

   Royal Oak Foreclosure Attorney

   Contributor Level 10

   1

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   Answered July 08, 2010 10:51. Don't ignore the Mortgage Company, it is best to keep them informed. Your inaction can lead to the foreclosure process happening more quickly.

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3. 

   James S. Tupitza

   West Chester Real Estate Attorney

   Contributor Level 16

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   Answered July 07, 2010 05:56. The letter is from a department of the lender charged with making sure the home is secure. If you have moved out, they will come in, turn off the utilities, winterized the pipes depending on the time of year, change the locks and repair any windows. I have seen many questions on this site related to people who did not let the lender know they were in the house. They came home from work and found the locks changed and their things in a dumpster. IF it were me, I'd write back and tell them the home was still occupied.
   
   
   DISCLAIMER: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise.
   James S. Tupitza
   212 W. Gay Street
   West Chester, PA 19380

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