What do I do to get my things back. My loan is through US Bank and I can't get a hold of the right people. I don't even know how they can do what they did. We got most of our things out and moved in November. They changed the locks on our previous home about 2 months ago. I thought I had at least 6 months before being foreclosed on. I never received notice that they were foreclosing on me, no sherriff's papers, nothing. I went to the house and noticed that the locks were changed. Only the house, the garage is still the same, and I have 2 cars in there. I still haven't been served any papers. I have not received anything, but my parents seen it in the local paper. My mom has seen it at least 3 times, in a month. I don't know what to do... Oh and I forgot to mention we are in the middle of a bankruptcy. Any help would be greatly appreciated.
2007-03-10 05:05:49 · 9 answers · asked by confused 69 1 in Business & Finance ➔ Renting & Real Estate
To make a long story short. My wife and I both lost our jobs of about 8 years a piece, due to plant closings. Was on a ARM, and it skyrocketed. Our payment was around $1600 for a $100,000 property. I got sucked into the adjustable mortgage, and the L.O told me to lock in when the rate went up, well at that time, our credit was harmed to bad, and we couldn't lock in, or refinance. We just did our kitchen and dining room. Hind sight is 20/20 I guess. I appreciate all your suggestions, and concerns. I will be getting in touch with my bankruptcy attorney this week and see if I can get this damn issue done. My lawyer is not doing anything on his part as far as I am concerned.
2007-03-12 07:22:48 · update #1
It depends how far along in the process they are. If the foreclosure sale has already taken place, the bank can legally remove your property and put it into storage. To get it back you'll need to pay their moving and storage expenses. They can also auction the items off, in which case you'd be entitled to the money, less the costs of the sale.
If the foreclosure sale has not yet taken place, then they probably changed the locks to secure the property because they believed you abandoned it. Contact your local county recorder. They will be able to help you locate the foreclosure notice that was recorded, on which will be the trustee's information. Contact the trustee and make arrangements to get keys.
2007-03-15 17:37:55 · answer #1 · answered by SndChaser 5 · 0⤊ 0⤋
There are a couple of stages in the foreclosure process. The first is when they serve you a "Notice of Intent" to foreclose. If you have vacated the house, and they can't find you, then they can serve your notice of intent in a local paper. That is when you have to get your stuff out of the house. Also, if you file for bankruptcy then, the bank has to put the foreclosure on hold. This part of the foreclosure process is anywhere from 2-12 months (varies by state).
Then, once your notice of intent expires, there is a foreclosure sale. Usually the bank will bid on your house at the foreclosure sale for the amount that you owe. The the house becomes REO. (Real Estate Owned). That is usually when they change the locks.
If you filed for bankruptcy before the foreclosure sale, find a lawyer, you may have a case. If not, I would still call the bank and tell them your property is in the house. You may be able to have a sheriff go with you and remove the property.
2007-03-10 05:18:24 · answer #2 · answered by Valerie L 2 · 1⤊ 0⤋
I do not think they have to provide personal served notice to change the locks. Your Landlord probably has a landlord's lien, which means he can sell your cars to pay off your deficit rent. He may have tried to personally serve you, but could not find you. If process servers cannot find you, they can provide notice through publication. That may be why your parents have seen it in the newspaper. Does the newspaper listing provide a hearing date or an answer due date. You need to call the clerk of the court listed in the newspaper and ask her what you are supposed to do. The good thing is that if you are in bankruptcy, you are protected by an automatic stay. That means your creditors cannot really do anything until the stay is lifted. If you are in bankruptcy, you are probably dealing with a lawyer or a trustee. They should be informed about what is going on and they can probably help you. You might be able to keep the car since it presumably helps you with your livelihood. Do something about this though because newspaper publication is sometimes sufficient notice.
2007-03-10 05:22:15 · answer #3 · answered by Georgia 2 · 0⤊ 0⤋
Call your mortgage company's main number and ask for the foreclosure department. Find out if the home has been foreclosed upon or is in the process of being. If it is "in the process of", then you should remove the locks and empty the home of your items. It is important to do this quickly before papers are served upon you. NOTE, the more people you ask the more people you will be told to contact first.
The best of Luck to You.
2007-03-15 15:06:49 · answer #4 · answered by BELLE3 2 · 0⤊ 0⤋
Call the customer service number you used to use for your mortgage company and keep talking to operators until you get to someone who can tell you what to do.
The bank doesn't want your junk in there either, so if you can just get the right person on the phone you may be able to figure it out without a ton of trouble.
2007-03-10 18:41:10 · answer #5 · answered by axaroth 3 · 0⤊ 0⤋
When you moved out the bank probably concluded you abandoned the house & had the locks changed. Talk to your bankruptcy attorney. Have him talk to the bank's lawyer & get you permission to enter to remove your personal possessions.
2007-03-10 06:50:04 · answer #6 · answered by Anonymous · 0⤊ 0⤋
you should have had a notice from the sheriffs department either posted to the house or sent to you. have you had your mail forwarded. if your lender has not notified you, you need an attorney. fyi if your house is empty when it sells, you only have a 30 day redemption period to get your items. you need to contact the local police to retrieve your items. another thing contact your city and find out if your name is still on the house. if it is, you still own it and are entitled to the stuff in the house.
2007-03-10 05:16:30 · answer #7 · answered by knowitall 4 · 0⤊ 0⤋
Contact your local Sheriff's office. They will instruct you in the process of retrieving your personal items. We've helped people in similar situations do this.
2007-03-15 04:57:32 · answer #8 · answered by Anonymous · 0⤊ 0⤋
move your cars, get your stuff out of the house, and call a good attorney. wake up, grow up and make your payments.
2007-03-11 04:52:51 · answer #9 · answered by Patrick G 4 · 0⤊ 0⤋