Is the Bank Allowed to Break into Your Property After the Foreclosure Auction
My question involves a mortgage in the state of: Washington
My condo went to foreclosure on April 4th. I had been in the process of packing to get all my stuff out but was unable to do so before this date. Then came down with a bad case of strep throat that landed me in the ER so I wasn't able to go to the condo for a week or so after the date with the exception of later in the day on the 4th. Maybe 3 or 4 days after the auction a real estate company called and said the property went back to FNMA and that they had entered the property and changed the locks. She said they saw I had stuff in there still so they would re-key the locks in a day or so and give me the combination so that I could get in.
A few days later after I was well enough to go to the condo I found that they had opened several of my packed boxes and had strewn some of my belongings all over. Clearly I was pretty pissed about this so I called the local police dept. to report a breaking and entering. I had told them I didn't know if anything was missing so they said it would be a civil case and there was nothing they could do. I called the real estate company who had broken in and left them a voice mail. She replied to me via e-mail and said they were well within their rights to "secure" the property. And that they had to take stuff out of my boxes in order to "determine value" of the stuff left on premises.
I've talked with a friend who's purchased many properties from foreclosure auctions and he said he is not allowed to enter the property he's purchased for 20 days and if the occupants aren't out by then he still can't enter until he gets a sheriff to remove them.
So my question is are they within their legal right to drill out my locks and enter my property and change the locks on me with no prior warning or notice? Are they also within their rights to rifle through my stuff that was on the premises? What RCW's pertain to this?
Thanks so much for your help.
Re: Is the Bank Allowed to Break into Your Property After the Foreclosure Auction
It sounds like you were not in the house for some time, they purchased the home, believed it was abandoned, and went to secure it. When they got there they saw your boxes, looked in them to see if they were full of junk you left behind or your actual belongings. They determined it was your actual belongings, and they called you to let you know what happened and they gave you a way to get into the house while still keeping your belongings secure via their new lock.
Do you have any evidence that this is not what happened? That they actually stole or damaged your goods?
Re: Is the Bank Allowed to Break into Your Property After the Foreclosure Auction
The twenty days is the time before they can start EVICTION proceedings. If you cease to reside there (even if you've not moved your "stuff"), you'll have been considered to have moved out and they are free to take possession.
Re: Is the Bank Allowed to Break into Your Property After the Foreclosure Auction
I hadn't ceased to reside there. All my stuff was there. It was obvious that the boxes and belongings weren't junk. Had they done a little due diligence and called before they broke in they would have known the story. Instead they broke in, rummaged through my stuff then decided to call. I had been there several days leading up to the foreclosure, I was just not there for a week or so afterward due to staying at my girlfriend's place being I was sick.
I haven't found anything missing yet per se but regardless I still had my stuff there. I had been staying there off and on the days leading up to the foreclosure.
I feel they way jumped the gun just breaking in before they did any actual checking to see if I was residing there or not.
Does anyone know the RCW's pertaining to this and what the law says as far as what they can and can't do in regards to this?
Re: Is the Bank Allowed to Break into Your Property After the Foreclosure Auction
Are we talking about foreclosure of a mortgage, or of a deed of trust. The latter is more common in your state, but we can't operate on assumption.
Re: Is the Bank Allowed to Break into Your Property After the Foreclosure Auction
Your "stuff" junk or otherwise, makes little difference. If you were not living in the unit, you've moved out.
Re: Is the Bank Allowed to Break into Your Property After the Foreclosure Auction
Mr. Knowitall its a deed of trust.
Ron let me be clear up to the point of the foreclosure IT WAS MY PRIMARY RESIDENCE.
Re: Is the Bank Allowed to Break into Your Property After the Foreclosure Auction
Which you admittedly were not living in for several days after it was auctioned off.
Re: Is the Bank Allowed to Break into Your Property After the Foreclosure Auction
It matters not if it was your primary residence at foreclosure. It matters if you are physically living in the unit at the time the owner wanted to take possession.
Re: Is the Bank Allowed to Break into Your Property After the Foreclosure Auction
Quote:
Quoting
rangergts
I hadn't ceased to reside there. All my stuff was there. It was obvious that the boxes and belongings weren't junk. Had they done a little due diligence and called before they broke in they would have known the story. Instead they broke in, rummaged through my stuff then decided to call. I had been there several days leading up to the foreclosure, I was just not there for a week or so afterward due to staying at my girlfriend's place being I was sick.
I haven't found anything missing yet per se but regardless I still had my stuff there. I had been staying there off and on the days leading up to the foreclosure.
I feel they way jumped the gun just breaking in before they did any actual checking to see if I was residing there or not.
Does anyone know the RCW's pertaining to this and what the law says as far as what they can and can't do in regards to this?
read what you wrote again. Notice where you say you were not there for a week or so after the foreclosure? Give a reason why they should have reason to believe you had not abandoned the house? If you want to argue all of your stuff was there, do you have any idea how many people lose their homes and have absolutely no place to store their personal possessions and they end up being left in the home?
Your absence and the foreclosure timing was simply to perfect for them to think anything other than you left and left your stuff at the premises.
Be thankful they bothered to call you at all.