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ashley8503 · Dec 26, 2011, 12:17 PM

Does the lien holder of my house have the legal right to come in my house and open cupboards and refigerator and take pictures?

JudyKayTee · Dec 26, 2011, 02:33 PM

In a word - no. It's trespassing. Is this an action in anticipation of foreclosure?

This is allowable (but not to the extent of opening the refrigerator) if the property is in disrepair but a Court action usually begins first.

Who let the lienholders' reps in? What ID did the person who came in and took the photos carry?

ashley8503 · Dec 26, 2011, 03:23 PM

She is trying to find us in default of the land contract but all payments have been paid and I am not in default. My house was clean but the refrigerator, cupboards and bedrooms were messy and she is trying to foreclose on us based on that. There is no distructed of the property at all just a couple messy bedrooms. It states in the land contract the she is supposed to give us a 24 hours notice to inspect the house but this is the second time she came in with only a half hour notice. Is there any legal actions I can take against her? I know this is not legal but she is saying I breached the contract by having a couple messy bedrooms.

ScottGem · Dec 26, 2011, 04:14 PM

Tell her to take you to court if she believes that constitutes a breach of contract and you will countersue for harassment.

Now you need to be more clear on this. Is this a land sales contract or a mortgage? Typically, in a land sales contract title does not pass to the buyer until the contract is completed. Therefore, there is no "lienholder" nor can there be a foreclosure. Also, in a mortgage, the seller would have NO right to inspect the property, nor would they have keys to the home. They could require that you have insurance to cover damages.

If you truly have a land sales contract, then you need to read the contract carefully, to see what gotchas, the seller may have put in it. But unless it specifically states that buyer must maintain a clean and tidy premises, then I doubt if she will get a court to agree there is a breach of contract.

I would, in the meantime, try to get financing to pay the balance of the contract and get title. You really want to get this person out of the picture otherwise you future in this property will not be very comfortable.

Also, if the contract says 24 hour notice to inspect, then if she shows up without giving notice, do not let her in. Tell her to come back in 24 hours. Tell her also, (if she has a key) that if she enters the property while you are not there and without proper notice, you will sue for unlawful entry.

Fr_Chuck · Dec 26, 2011, 04:25 PM

First if this is a land contract there is not a lien holder, they still own the property and you have a contract to buy from them, They should actually stlll be the legal owner.

Their rights to enter should be in the contract.

If this is a standard land contract they would hold the same rights to enter with proper notice to see if you are in compliance with the terms of the contract.

So when you say lien holder, in a land contract that would be the bank that the owner has a loan with, a third party not related to you or to the land contract.

So you need to clarify who is who in this.

JudyKayTee · Dec 26, 2011, 04:39 PM

I "assumed" lienholder meant the person who held the mortgage or note, simply a question of terms.

SO - who let her in? She apparently didn't give you advance notice but someone let her in anyway? You cannot hold her responsible for that unless she forced her way in. You AGREED that she could come in.

I agree with my colleagues - need more info. I am not sure if you are referring to the parties using the proper terms.