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    siggy1977's Avatar
    siggy1977 Posts: 1, Reputation: 1
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    #1

    Jan 16, 2009, 05:56 PM
    Can I move in before closing on a house?
    I am buying a house. I have a signed sales contract as of very beginning of November. It is a foreclosure and has been for a long time. Since the beginning the banks title company has been unreachable and took 5 weeks to even respond to anyone.
    There are other problems that the title company has given all along.
    As of today 1/16/09 was my closing day. We have to be out of the place that we live now tomorrow.
    WE DID NOT CLOSE TODAY. The reason... The bank is now tired of this title company taking so long on there files and pulled all of them from them except the ones that are closing soon. The title company then got mad at bank and gave them all of the files including OURS.

    Now my question- I am a mother with 3 kids- The utilities are all turned on in my name and we repaired the house and it is ready to move in.

    Can we move in?
    Would that be breaking any laws to move in?
    What law? Squatter? Trespassing?

    I'm begging someone to help me as of Sunday we are homeless and I cannot afford to be arrested
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 16, 2009, 10:08 PM

    If the bank will allow you to move in, you can, if the bank will not, you can't.

    If you move in before, the bank can evict you for tresspassing, and worst, decide not to do business with you.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
    		  
    #3

    Jan 18, 2009, 01:32 PM

    Technically you cannot move in unless there is a closing. You need to contact the person at the bank and explain your plight. They may take pity on you, but don't count your chickens before they hatch and decline your request. I very rarely see closings for homes happen on time. You unfortunately assumed too much and got caught in the middle.
    Boston Crone's Avatar
    Boston Crone Posts: 10, Reputation: 1
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    #4

    Jan 18, 2009, 07:52 PM

    If you execute a pre-closing occupancy agreement with the bank, you can move in before closing. It's like a rental agreement, but it does not confer renter's rights... it specifies what you and the bank can expect of one another. An attorney or licensed realty agent can assist with this. Without the agreement, you can't take occupancy without tresspassing... sorry this is so hard, you need a local expert to help with this.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jan 19, 2009, 07:57 AM

    Have an Attorney prepare an Early Occupancy Agreement, signed by all parties (if they are agreeable). Don't just move in.
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