Do I have a legal right to move back into my home even if the locks have been changed?

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Do I have a legal right to move back into my home even if the locks have been changed?

About 2 years ago the bank was going to sell my home on the courthouse steps, so we moved and left the house empty. The sale never happened. The house sits empty in my name and has never been foreclosed on. There is now special financing packages they have available and I am only eligible if I live in the home.

Asked on May 15, 2012 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should speak with an attorney in detail about the situation, since anything involving foreclosures (including ones never consummated) and default can be complicated, but from what you write, you seem to have a right to move back into the home. If the home was never foreclosed on (whether by the bank, or by the municipality for nonpayment of tax) and you never deeded the home (e.g. by a quit claim deed or deed in lieu) to another, then you should still be the owner and still have a legal right to possession and occupancy.


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