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If the bank is trying to foreclose on a home and the owner has never been served, can the bank foreclose anyway. Also, if the person is not even home.... lets say in the hospital, can they just go in and throw out the persons furniture and all... all there stuff ? Serious answers please

2007-12-20 09:50:22 · 4 answers · asked by irish_whiskeyhumper 1 in Business & Finance Renting & Real Estate

4 answers

Yes they can, as long as they made a reasonable effort to locate the person and serve the papers. Some people "hide out" to avoid being served, so the law suit simply goes on without the service.

Yes, after the foreclosure has completed and the eviction served, which they can try to coordinate to be close to the foreclosure date any items left in the property are thrown out. The sheriff usually leaves them in the street before they are hauled away for landfill.

2007-12-20 10:28:56 · answer #1 · answered by Landlord 7 · 1 0

You don't have be served, you just need to be notified. In addition to several letters and numerous phone calls, they will send an inspector to the house. He will do everything possible to access the property and ensure it is secure and winterized. Also, most states require a public notice to be posted before the actual sale. If you are receiving mail and phone calls concerning your house this is probably the reason.

By the way, a foreclosure on your credit is not the only penalty. If the liquidation does not cover the total debt and all related expenses, this deficiency will be listed against your credit too. You may want to talk with some of these solicitors. Good Luck.

2007-12-20 10:29:24 · answer #2 · answered by look at yourself 6 · 0 0

Banks follow the law and go step by step, so, yes they can throw anybody out after all the steps have been taken, no matter what. I would say talk to someone at the bank first, they doent want to own your home but they have to cover the loan - maby you can work something out.

2007-12-20 10:19:57 · answer #3 · answered by Dave K 1 · 0 0

A lot of default notices are severed thru the news paper. Look at the local news paper to see you name in print. They recommend you contact an attorney.

2007-12-20 10:40:50 · answer #4 · answered by Big Deal Maker 7 · 0 0

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