Can a co-signer on a mortgage that has abandoned the property 9 months earlier re-enter the property anytime they want?

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Can a co-signer on a mortgage that has abandoned the property 9 months earlier re-enter the property anytime they want?

I live in a property than has been discharged in bankruptcy. I stay here waiting for foreclosure and to keep anyone from stealing or scraping the remaining items. The co-signer waits until I’m not home and tries to enter the property. She has already removed the refrigerator and I believe she is trying to remove anything she can. Do I have a right to keep her away?

Asked on July 5, 2012 under Real Estate Law, Maryland

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No you do not have a right to keep her away.  She is a co-signer and therefore responsible for much of the debt. If she is not on the title, then yes, you may have a right to keep her away as a trespasser. Ultimately, you can contact the police but keep in mind that even in foreclosure, she nor you is the ownner of the property. Contact the bank if you wish to keep her away but understand this may accelerate the eviction process.


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