Bank changed the locks, but won't foreclose?

[florida]

My chp 7 was discharged in 2010 - No longer living in the home and bank has not even started foreclosure process. My questions:

1) Is there a law to force the banks to foreclose? If not, and we still own it, how can they change the locks?

2) They have not been paying property taxes, are we responsible?

3) The city has a lien on the property for maintaining the lawn - should we mow it?

Aaaccckkkk!

[justbroke]

My computer ate my very wordy response. Here's the short version.

There is no law to force a bank and everyone who has tried has failed miserably! (Except some crafty HOAs in Florida that were able to do a reverse mortgage.)

You signed a Security Instrument known as a Mortgage or Deed or Trust which granted the lienholder the absolute right to "secure" and "maintain" an abandoned property. That language will be in your Mortgage/Deed of Trust under abandonment or right to preserve property.

A municipalities fines can be criminal or non-criminal. Even with non-criminal, it could become problematic for you. You should mow the law or pay the fines. It's probably cheaper to mow.

[florida]

Ugh - not what I wanted to hear. What do you think about the property taxes? Do we have to pay that too?

[justbroke]

Ugh - not what I wanted to hear. What do you think about the property taxes? Do we have to pay that too?

My computer ate that response! Property taxes attach to the property itself. Should the taxing authority move to foreclose the home, the bank may step in at that point and pay them. Perhaps the bank doesn't even know that the taxes are past due?

[AngelinaCatHub]

My computer ate that response! Property taxes attach to the property itself. Should the taxing authority move to foreclose the home, the bank may step in at that point and pay them. Perhaps the bank doesn't even know that the taxes are past due?

JB, if you are using a laptop when typing and accidentally touch the mouse pressure pad, you can delete a whole bunch. Stop at that point and touch cntr key plus Z or go up to edit and click undo. It saved my 'religion' a couple times. It is a one change try but works most times. 'Hub

[Freddy03]

Can the banks come in and change the locks if you are still living in the house?

[justbroke]

No, they can't change the locks on an "occupied" home.

I wish that underlying State non-bankruptcy laws would require the lender to place some sort of "Seal" on the entryways and then check them within XX days to determine whether they were broken. Once they have determined that no one has entered or exited within that timeframe, they can declare that the property is abandoned and seek to "secure" the property.

In any event, the lender needs to be able to show that you have abandoned the property and that they have taken steps to preserve their rights. Typically they'll send a company to your home that will determine whether it is occupied. Curtains and other window treatments, furniture, car in driveway, lawn cared for, trash in trash cans, would give the appearance of occupancy.