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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12365
Experience:  JD, MBA
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Mortgage company sent people to my house to check status and

Customer Question

Mortgage company sent people to my house to check status and they broke in, changed the locks, padlocked the gates and winterized the home. I'm only 30 days late and still have stuff in the house. Is this legal or did they break and enter into my house???
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions. What you describe is legal if the house appeared abandoned. In other words, the lender has the right to protect the collateral. But if you were still living in the house, then you could force the lender to give you the new keys. In any event, however, what you describe is not breaking and entering (i.e., criminal) because there was no criminal intent. They didn't break in to steal something or commit some other crime. They broke in for a good reason, even if their assumptions were wrong. Accordingly, it wouldn't be criminal and the police would not get involved. Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
Customer: replied 1 year ago.
But what if the company that came in for the mortgage company removed personal items from the house???? Like a tv and speakers??? Then how does that change it?
Expert:  TJ, Esq. replied 1 year ago.
Hi again. If the company removed items, then they would have to give them back or replace them. This doesn't change the situation from civil to criminal for the reasons stated above, but you would be entitled to damages caused by the company's mistake, such as the new key, the replacement items, etc. Of course, this also assumes that the company was acting legitimately. Obviously, there is always the possibility that the securing of the house was a sham, and that the real goal was to take your items. That would certainly be a crime. But without any facts to the contrary, I have to take what you wrote at face value, and assume that the purpose was to protect the home.
Expert:  TJ, Esq. replied 1 year ago.
Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!