Is it legal for a bank to clean out someone’s house of everything without sending them any notice of forclosure?

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Is it legal for a bank to clean out someone’s house of everything without sending them any notice of forclosure?

I went away for 4 months and returned to find nothing in my home; it was completely cleared out. I was never sent any notice of this or contacted by phone that my house was being foreclosed on. Can I sue them for damages?

Asked on May 8, 2012 under Real Estate Law, West Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are record owner on the home that is being written about where the lender (bank) on your loan secured by a mortgage or trust deed cleaned out your possessions within and did not send you any notice of foreclosure, what the lending institution was improper under the law.

Under the law you are entitled to written notice of a a default of your loan and a notice of the foreclosure (trustee's sale).

I suggest that you consult with a real estate attorney as to what happened and see what legal recourse you may have.


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