Property Preservation strategy

[davetedge]

I'm in the early* stages of foreclosure, while still preparing for a non-consumer Ch7, and I just received a notice from the servicer stating that they recently inspected my property and found it vacant/unsecured. This is simply not true since I'm still living there and plan on doing so until my apartment is transferred out of name.

I've sent them a certified letter and will call them on Monday to confirm that I am occupying it, but I'm still worried they will break in and change the locks. Given my experience with their paperwork handling and general coordination skills, I wouldn't be surprised.

Does anyone have any recommendations on how best to defend my apartment and make the assertion of my right to stay here while in foreclosure as uncomplicated as possible? I feel I need to prepare for the worst.

*early is relative since it's been many months since I ended the preforeclosure negotiations and asked them to proceed with the foreclosure.

[AngelinaCatHub]

This may be simple. Post a notation on the door, bot front and rear, that you are in occupancy and are living in YOUR house. Until it is foreclosed, it is your house. Date it daily in pen or pencil. Photo the dated note.

It is becoming common here in FL, that a company puts a note give some days to call an 800 number referencing their intent to assume a person has abandon the property and then they will change the locks. I don't know all about them, but it would not hurt to do my suggestion. Hold up a daily news paper in an ongoing picture if you feel this will not work. It would give a time stamp to your notice. Hope this helps. 'Hub

[davetedge]

Thanks 'Hub! I think I'll give that a try!

The funny thing with the notice is that they asked me to sign a letter saying I'd vacated but was still responsible for the property. The way i read that letter was that because I'd vacated, they'd change the locks anyways.

[DeadManCrawling]

We had a note similar to what Hub is describing placed on our door a few years back. We also received an accompanying letter with an 800 number to call.

We called, and discovered that Countrywide/BOA had no real interest in changing the locks. They were just trying to get in touch with is to work toward a modification. We declined.

A few weeks later, they sent a real estate agent, who they had hired, to try to negotiate with us toward a modification. We again declined.

This may not be what is happening in your case, but I wanted to let you know.

I would be sure to call and let them know you still live there, and perhaps follow Hub's advice as well. Interesting times.

[AngelinaCat]

Thanks 'Hub! I think I'll give that a try!

The funny thing with the notice is that they asked me to sign a letter saying I'd vacated but was still responsible for the property. The way i read that letter was that because I'd vacated, they'd change the locks anyways.

They may be trying to get you to pay for 'force-placed' insurance that they, the lender, will impose on the property, even though you are still living there. Presumably your own homeowner's insurance is still in place.

In addition to changing the date notes on both the front and back doors, you may wish to invest in some inexpensive timers, and set some lamps and radios to go on and off at varying times during the day while you are gone. If you have a back or side yard, if you hang some laundry on a clothes line outside, that may help. In other words, make the place look lived in.

Good wishes to you.

[keepsmiling]

We had a note similar to what Hub is describing placed on our door a few years back. We also received an accompanying letter with an 800 number to call.

We called, and discovered that Countrywide/BOA had no real interest in changing the locks. They were just trying to get in touch with is to work toward a modification. We declined.

A few weeks later, they sent a real estate agent, who they had hired, to try to negotiate with us toward a modification. We again declined.

This may not be what is happening in your case, but I wanted to let you know.

I would be sure to call and let them know you still live there, and perhaps follow Hub's advice as well. Interesting times.

Anyone else find this amazing?
Soooo many people trying sooo hard to get a mod and here the bank is practically shoving one down the throat of the guy who has no use for it.
Ironic.

[DeadManCrawling]

Anyone else find this amazing?
Soooo many people trying sooo hard to get a mod and here the bank is practically shoving one down the throat of the guy who has no use for it.
Ironic.

You have no idea. We are 4 years out since our last mortgage payment. In an average month, we get 2-3 calls and at least one FedEx package, offering to modify. On several occasions, we received 2 (once it was 3) DUPLICATE FedEx packages, the SAME DAY, with identical offers to mod, from different branches of BoA.

I don't know why this is happening, and want the foreclosure over asap. We bought a new place and have no interest in the old one. It is in a terrible state, after 4 years of no AC/Heat in the Florida summers. I have wondered if it was the mortgage size (about 420k), or some other factor. It is hard to imagine what the bank is thinking here. The house may have to be condemned if things proceed years ahead.

Good luck to you

[davetedge]

They may be trying to get you to pay for 'force-placed' insurance

I talked to them as well as sending a certified letter so hopefully they'll pull back. I did check my latest account statement and there's no insurance add-on yet, but there is an impressive $11k in foreclosure related charges on there. The original letter was very careful to note that they in no way intended eviction, so I'm just really hoping the right hand is talking to the left in this instance.

I'm also investing in a security cam that emails/logs a photo every time there's movement at the entrance. I'll get a lot of photos of me hanging my coat, but it'll be very useful if their contractor breaks in and does a 'trash out.' Fingers crossed it doesn't have to come to that!