If a property owner has died and the property is abandoned but in foreclosure, can the lender take possession?

Asked on July 6, 2012 under Real Estate Law, Arizona


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, they probably can.  The mortgage document signed by the owner most probably gave the bank/lender the right to "secure and maintain the home" if it has been determined that the owner “abandoned” the property. So they can change the locks, clean up the proeprty and even remove the owners personal property.  If you have an interest get help here.  Good luck.

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