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What documentation should Wells Fargo provide regarding

Customer Question
coming into my friends house...
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: 2 years ago.Category: Real Estate Law
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Answered in 12 minutes by:
2/25/2016
Real Estate Lawyer: Roger, Lawyer replied 2 years ago
Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31,949
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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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.

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Customer reply replied 2 years 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.
Real Estate Lawyer: Roger, Lawyer replied 2 years 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?

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Customer reply replied 2 years ago
Pennsylvania
Real Estate Lawyer: Roger, Lawyer replied 2 years 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.

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Real Estate Lawyer: Roger, Lawyer replied 2 years ago

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

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Real Estate Lawyer: Roger, Lawyer replied 2 years 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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