Posted on: 15th May, 2010 06:32 am
Here's the situation:
House was foreclosed on in 2009...Sale date was set for 12/28/09 but was cancelled when we filed bankruptcy. The automatic stay was lifted at the end of March 2010. We have been waiting for another letter from the court that would set a new sale date and we would plan accordingly and move out by that date...as of 5/15/10 we have received nothing and nothing has been filed in the courts when we looked at a case record search.
We just got a card from "Safeguard Properties" that is checking for the bank to see if we still occupy the premises.
This is our primary and only residence.
Can "Safeguard Properties" acting for the bank come in without our knowledge and consent and remove our stuff without some type of court order ???
I'm trying to stay in the house as long as possible but I need to know my legal rights????
Thanks
House was foreclosed on in 2009...Sale date was set for 12/28/09 but was cancelled when we filed bankruptcy. The automatic stay was lifted at the end of March 2010. We have been waiting for another letter from the court that would set a new sale date and we would plan accordingly and move out by that date...as of 5/15/10 we have received nothing and nothing has been filed in the courts when we looked at a case record search.
We just got a card from "Safeguard Properties" that is checking for the bank to see if we still occupy the premises.
This is our primary and only residence.
Can "Safeguard Properties" acting for the bank come in without our knowledge and consent and remove our stuff without some type of court order ???
I'm trying to stay in the house as long as possible but I need to know my legal rights????
Thanks
Hi bobm,
No one can remove your stuffs from the house without a proper letter from the court. Moreover, if the property is being foreclosed upon by the lender, then he should first send you a pre-foreclosure letter in this regard. I would suggest you to contact an attorney and take his suggestions in this matter. He will be the best to let you know what steps you need to take.
No one can remove your stuffs from the house without a proper letter from the court. Moreover, if the property is being foreclosed upon by the lender, then he should first send you a pre-foreclosure letter in this regard. I would suggest you to contact an attorney and take his suggestions in this matter. He will be the best to let you know what steps you need to take.