Credit Union Wants Access to Occupied House Prior to Foreclosure Sale

[DAE]

The attorney representing the credit union holding my mortgage has asked for access to the house prior to the yet-to-be-scheduled sheriff's sale.

To quote his e-mail to me:

"The Credit Union wants to access the property as soon as possible, but
cannot do so unless a) you have completely left the premises, or b) you give
permission for them to do so."

My response:

"Ok, I'll have to check this out by speaking with an attorney. I was under the impression you would not need or get access until the sale. Allowing someone access to the property while it's still in my name makes me uncomfortable."

His response:

"It is really not an issue as long as you continue to take care of the
property while you are in possession of it. If that changes, you need to
let me know immediately."

Does anyone know if (in Maryland) a lender has a right to enter the occupied premises prior to the sale, i.e. to give itself comfort that the house is in good repair, etc.??

[debee]

"The Credit Union wants to access the property as soon as possible, but
cannot do so unless a) you have completely left the premises, or b) you give
permission for them to do so."

In this portion of his message he lets you know that they don't have the right to enter while you occupy it unless you give permission. If you don't give permission, they don't get in.

[DAE]

debee, yes, he says that. But he's not my lawyer. My question was going to the point of exigent circumstances...that might grant them authority under law despite ME not granting them permission.

[DAE]

Is it typical that the sheriff's sale takes place without a walk-through of the premises, i.e. that bidders...incl. the mortgage-holder...bid without seeing the interior of the house?

[Flamingo]

DAE - you need to check your state laws and also all the paperwork you signed at settlement of your home (your mortgage paperwork, your Promissory Note, etc.) as to what they can and cannot do if you are in breach of contract (i.e., have not made your mortgage payments). It's best to consult with an attorney on this.

[Pandora]

I would tell the lender they'd have to wait until they actually serve all paperwork through proper channels before they can enter the house (i.e., they purchase it at sale) - and not beforehand. Sheriff had it right "cannot enter unless.... vacant...or you give permission".

Here are MD's laws re: foreclosure

http://www.msba.org/departments/commpubl/publications/brochures/foreclosure.htm

[DAE]

Thanks all...!

[debee]

debee, yes, he says that. But he's not my lawyer. My question was going to the point of exigent circumstances...that might grant them authority under law despite ME not granting them permission.

Right. He's not your lawyer. He's the bank's lawyer and tells you up front that they can't come in without your permission. That's why he's asking for it. I'd believe that.

As for the rest, I think the others answered.