Can Isue for damages after the bank changed thelock ona home when the mortgage is up to date?

UPDATED: Jul 11, 2011

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UPDATED: Jul 11, 2011Fact Checked

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Can Isue for damages after the bank changed thelock ona home when the mortgage is up to date?

The house was not abandoned; contact had been kept with the bank about us moving to another state. We had renters and they moved out. However before they could get all of their items out, the bank changed the locks. People have heard that the bank has foreclosed because of stickers put on the door. New locks were drilled out and a paddle lock contraption was screwed onto a new door to the garage. The ripple effect – people broke in and stole stuff; the house was listed with realtor but people stopped looking because they were waiting for the auction.

Asked on July 11, 2011 under Real Estate Law, Maine


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the mortgage was current on your property then the bank holding the mortgage had no right to change the locks on it.

However, from what you described, the cause of damage to the home was not due to new locks being put on the home by the bank, but rather people coming by and breaking into a vacant home. From what you described in your question, you have no evidence that anyone with the bank took any belongings from the home.

Was a police report filed? Was there insurance in place on the property? If there was an insurance policy in place, you should make a claim to your insurance carrier for the damages assuming you still are on title to the property.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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