Breaking and entering for winterization

[Smalls]

I came to check on our vacated foreclosure property like I do several times a week and the place had been winterized. Now our sheriff sale isn't even scheduled until the middle of December and 3 month redemption after that. So I still have legal possession of the property. All the doors were locked so someone had to break in to complete their task.

Are they allowed to do this??

[shark66]

I'm not an attorney, and am not familiar with local practices in your area so take this entire post with a huge grain of salt, but if the Sheriff's sale has yet to take place, you are still the legal owner of the property in question, and resposnible for its well-being so to say...

Whoever had the locks changed most likely violated the law by doing so.

Good luck.

[frogger]

It is legal in most states to change out locks on abandoned property if:

1. It appears that the property is really abandoned.
2. You post a sign in a location that will be seen advising the current tenant where they may obtain a new key to the property.

This is however, an extreme circumstance that should be used by the landlord in order to preserve the property.

[Smalls]

The locks were not changed.

They just came in, did the work, and left. The re-locked the handle, but not the dead bolt.

I contacted the Police department, and the officer would not file a report. He said it was civil. Even though I have possession and have the paperwork to prove it. They did not seem to do any damage, therefore, it wasn't criminal apparently.

[Smalls]

Look at this!

Looks like things could have been much worse.

Someone needs to take these guys to court....

http://www.complaint.tv/safeguard_properties_inc_-1469.html

[tanya0525]

I came to check on our vacated foreclosure property like I do several times a week and the place had been winterized. Now our sheriff sale isn't even scheduled until the middle of December and 3 month redemption after that. So I still have legal possession of the property. All the doors were locked so someone had to break in to complete their task.

Are they allowed to do this??

Yes they can do that. Atleast here in Washington State. Our BK was discharged 12/09. Have heard nothing regarding forclosure on the house. Our last payment was October 2008 (?). We had already moved out the house. THey posted a sign ..changed the locks..and mailed us a letter stating that the house was "abandon"...blah blah. Also received the letter regarding "winterize". We still had stuff in the house and can't get to. Nothing important.

[Pandora]

as the others have mentioned - its not illegal - you left the property, therefore they consider it abandoned. You're lucky because they didnt change the locks in the process, in which most instances, they do so immediately when they find out you've left.

Also anything that may have been left in the house - is now property of the banks. If you go into the house at this point, the lender can get you for tresspassing regardless if you're still "on the deed" - you left before the sale was completed, therefore abandoning everything. Be careful about entering it again - at the very least, call the bank and ask how it works at this point in the process.

[enuffznuff]

They did this to me, but I don't consider my house 'abandoned', it is listed for sale with a lockbox on the property and all utilities on and current, and there is a realtor's sign with contact information staked in the yard. The yard is maintained and the house was professionally cleaned. How does any of that qualify as 'abandoned'? I think not.
Yet they changed the locks and winterized the house, sheriff's sale is not until FEBRUARY.

Edited to add: it was listed for sale PRIOR to any foreclosure proceeding starting, so I didn't leave 'during' any process, there was no process in motion. The house has been listed the whole time.

[shark66]

I guess that it all comes down to how far one (most notably the lender) can stretch the term "abandoned"...

Don't get me wrong: I've seen a lot of really abandoned houses in this neck of the woods, and can very well understand that the lender would take action and attempt to keep the property safe by changing the locks and winterizing...

That being said, in my district one can pay the balance owed to the lender up to an hour before the Sheriff's sale...

So for argument's sake, if the house were scheduled for sale in February, and you decided to spend Christmas with family members two states away, then returned to changed locks and all the other "good" stuff, including items possibly missing from the house, what then?

Isn't some of this the very reasoning behind the requirement that the property owner - even after foreclosure process has started - maintains the house insurance etc.?

[tobee43]

we left our home and we were advise by a neighbor within two weeks the house was winterized and all the locks where changed...padlocks were placed on the gates and sheds....and that was almost 3 years ago.....

the funny thing was....we found out they winterized after the temps reached a windchill factor of -20....so i do believe they were SOL....

by the way...there still is NO foreclosure completed...NO sheriff's sale....nothing...