Can the mortgage company lock my parents out of their home without any type of notice?
Question Details:
My parents are not behind in house payments. They are in the process of moving out of the home, and letting it go back to the bank/mortgage company before they get behind. They are concerned that they will show up to the house, to continue with the move, and find themselves locked out.
If they are still technically occupying the home, the bank would face a lawsuit for forcible eviction if they were to take possession and change the locks without going to court and getting an order for possession.
It is unlikely in my experience that a bank would take possession without a court order. You parents should continue to make the place look occupied by leavin several lights on and some possessions in the home until their move is completed.
If your parents are not behind in payments, the bank would have no right to take possession unless they were able to prove that the property had been abandoned by your parents.
By taking the steps I have suggested, they should have no problems.
Hello and Thanks for the email. If the Bank deems the property abandoned then they can take steps to secure it. It should be easy to get them to return access but you will need a lawyer to do so. Also there may be damages if the Bank damaged any property then your parents may have a lock out law suit.
Should you need additional information please call me Brian Dailey, www.daileylawyers.com 248 744 5005. You can also log on to my website www.thelawshow.com and listen to one of the many podcasts from my weekly radio show airing on newstalk760 wjr am the great voice of the great lakes every sunday from 2:00 pm to 3:00 pm. You can reach me at 866 66 LAWYER. I look forward to hearing from you.
