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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31687
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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What documentation should Wells Fargo provide regarding

Customer Question

What documentation should Wells Fargo provide regarding coming into my friends house when the mortgage is behind 3 months? Wells Fargo has been in my friends house twice starting when he was 90 days behind on the mortgage with no notice. What notice should they give my friend and how often can they come in?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Your friend's lender has the right to drive by the premises to inspect it. But, the lender does not have the right to enter the premises without permission. IF they have done this, they'd be trespassing.

Customer: replied 1 year ago.
Wells Fargo is claiming that once it is 90 days behind in mortgage that they can come in at any time without notice to secure the property.
Expert:  Roger replied 1 year ago.

The loan papers may say that your friend has agreed to this....but that'd be the only way that it would be possible.

What state is this in?

Customer: replied 1 year ago.
Pennsylvania
Expert:  Roger replied 1 year ago.

Ok. Thanks. I just wanted to look at the law to see if there was any special provision about foreclosures in PA that would allow for this....and I don't see any such thing.

Expert:  Roger replied 1 year ago.

Here's a good link you can read: http://www.grimlaw.com/pages/gbt-articles/the-foreclosure-process-in-pennsylvania

Expert:  Roger replied 1 year ago.

Thus, your friend should ask the lender to provide him with the authority (written/documented proof) they claim gives them the right to enter his property when the loan is in default.....before the foreclosure process starts.

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