IFMY BANK CHANGED THE LOCKSBUT THE FORECLOSURE IS NOT FINAL, CAN I GAIN ACCESS TO THE PROPERTY?

Get Legal Help Today

 Secured with SHA-256 Encryption

IFMY BANK CHANGED THE LOCKSBUT THE FORECLOSURE IS NOT FINAL, CAN I GAIN ACCESS TO THE PROPERTY?

HOW WOULD I GO ABOUT GETTING ACCESS ? MY FRIEND HAS TOOLS AND AUTOMOBILES IN THE GARAGE. THEY ARE HIS PROPERTY AND NOT MINE. HOW CAN I GET MY FRIENDS PROPERTY OUT OF THE HOUSE ? HE HAS NO CONNECTION WITH THE FORECLOSURE. HE SIMPLY USED THE GARAGE TO STORE AND REPAIR HIS AUTOS. THE BANK CHANGED THE LOCKS. THE FORECLOSURE HAS NOT BEEN FINALIZED. HE NEEDS HIS PROPERTY. WHAT IS THE BEST WAY TO HANDLE THIS SITUATION ?

Asked on October 8, 2010 under Real Estate Law, Florida

Answers:

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

Answered 10 years ago | Contributor

Keep in mind that Courts do not generally like those that "self help" themselves.  Meaning, do not cut the locks yourself just yet.  Is it possible that the bank filed a motion of some sort to change the locks? Technically they do not own the house until the proceeding is complete so I would be hard pressed to believe that a Court would issue such an order. But I would go down to the courthouse and check.  Then I would look in to the filing of  a Motion in the proceeding to remove the locks and to obtain the property.  You have a right to pay up on your mortgage (with associated fees, etc.) until the "gavel falls" as they say.  And you are going to have to prove that the property is your friends and not yours.  The bank has no right to sell someone else's personal property at all.  Good luck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption