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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 101534
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I presently own a home through Carrington Morgage LLC. I

Customer Question

I presently own a home through Carrington Morgage LLC. I missed a few payments but paid up and have paid tax. I did not know that they had a property management company put locks on my doors. I called the property management company and told them I paid up they wont let me in until they have proof from the morgage company and I keep getting batted back and forth between the two. I have solid renters that want a long term lease and i need to get work done on property to het them in. I feel like property management company is holding my house hostage
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. This is completely unlawful. If they wish to properly foreclose on the property for nonpayment of HOA dues, then they have to go through a judicial process.

By simply putting locks on doors, they have skipped that. Someone in your situation may wish to file for what is known as unlawful eviction and negligence per se against the property management company, or threaten to do so unless they allow you back in.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 9 months ago.
Are these laws the same everywhere or specific to Maine?
Expert:  Ely replied 9 months ago.
The laws differ state to state, but this is true in most states including MAINE.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 9 months ago.
Funny. I just got a call from prop mgmt co and when I told them I was speaking to my lawyer and what they did was totally illegal I then got a call from another from same company all apologetic and telling me lock box number. Can I still sue them? At least for your cost and month of July as this has totally delayed fetting renters in?
Expert:  Ely replied 9 months ago.
Hello,
First of all, understand that I am not your attorney. I trust you were simply stating them to scare them. Anything I tell you falls under the disclaimer of this website.
You cannot sue them unless they do not let you back in after a certain amount of time. You have to show damages. I mean technically you can now, but unless you show that they were MALICIOUS and kept the locks on, the judgment would be low. If you had to spend the night in a hotel for example, then this would be different.
If this delayed your income from tenants, then YES, this can be basis for a lawsuit.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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