Is this Legal?

[monkatom]

Filled CHP 7 BK discharged May 2008. Stopped paying mortgage January 09. Home sold on September 8 back to lender at trustee sale. I contacted National City mortgage the lender on Sept 9 and said I was still living there what arrangements can we make. They said the case was referred to their REO division who would send it out to a local Realtor. they said the local Realtor would contact me in a week to work out a cash for keys, etc. I stopped by to check on property September 11, then again on September 14 to take out trash etc. I am not living at the house but the neighbor parks in the driveway and all windows, etc are covered with sheets so you can not see inside the home. There has not been anything posted on the home as the neighbors check and I have been by. I stopped by today sept 16 and the locks were changed and a note was in the window for a management company. My question is since they could not see inside the home and never posted anything were they legally allowed to change the locks, etc or do they need to evict me?

[justbroke]

I stopped by today sept 16 and the locks were changed and a note was in the window for a management company. My question is since they could not see inside the home and never posted anything were they legally allowed to change the locks, etc or do they need to evict me?

Either it looks abandoned, or you told them that you abandoned the property. If you look at any Mortgage/Note there are specific remedies for a lender when a place is abandoned. They are allowed to "secure" the property to protect their interests.

Since they "owned" the home they had every right to secure the premises. They probably figured out that you weren't living there.

Are all the utilities still on?

[monkatom]

Yes we still had water, gas and electric as well as insurance. I guess I figured with a car in the driveway, and me taking out teh trash cans and bringing them back in it would not look abandoned hence my reasoning for covering up the windows.

[justbroke]

Well, looks like they figured it out.

[frogger]

the locks were changed and a note was in the window for a management company.

This is their legal out. Normally, you would be evicted and then the locks changed, but the management company "assumed" that you had abandoned the property. If they had not posted the sign, they would have commited an involuntary eviction. But... since they did post the sign telling you where to get keys for the unit, they have not. You are entitled to go by the management company and get a set of keys. If they don't comply, then you have grounds to go after them for the involuntary eviction.