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12/30/2010
Andrew J Garcia
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I'm Behind on Mortgage Payments. Can the Bank Just Seize My Home?

Homeowners from all over the country have told us about their stories of falling behind on mortgage payments and then coming home one day to find big, orange stickers on their front door announcing that the bank has seized their property, that their locks have been changed, that their plumbing has been shut off (which is part of a process known as "winterization"), and that much, if not all, of their personal belongings are gone. They are usually the victims of an illegal foreclosure lock out and trash out.

Just because a homeowner is behind on their mortgage payments, does not give the bank the right to simply enter the home, winterize it and even take personal property. In every state there are foreclosure laws with very specific requirements that a bank must follow before it can take a person's home.  

And, even when a bank has followed the foreclosure laws, it does not have the immediate right to enter the property the moment "the gavel falls" at a foreclosure auction. In just about every state, there are eviction laws or unlawful detainer procedures that a bank must follow in order to lawfully remove a homeowner and their possessions.  
 
If you've been the victim of a wrongful foreclosure lock out, you do have rights. To learn about your rights, order our FREE book now or request a complimentary consultation with a member of our legal team.  

Category: Wrongful Bank Foreclosure


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