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New Member
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May 28, 2009, 05:17 AM
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Rights on foreclosure
My home was foreclosed and before it as auctioned they changed the locks and nailed all the windows shut. Can they do that if I actually still own the house and I have never been served eviction papers? Also, I called to see how much it was auctioned for and found out that the bank that already owned, bought it... if they already own it how can they buy it again?? I am in Kentucky.
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Computer Expert and Renaissance Man
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May 28, 2009, 06:24 AM
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First, no, until the auction you own the house and they cannot lock you out. This is an illegal eviction and you may be able to sue the bank. You should consult an attorney about this.
As for the auction, the bank can set a minimum bid for the auction. If they did not get that minimum, they can retake ownership.
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Ultra Member
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May 28, 2009, 06:25 AM
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Im confused - if it was foreclosed upon, you don't own it any more.
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Ultra Member
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May 28, 2009, 06:28 AM
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Originally Posted by ScottGem
First, no, until the auction you own the house and they cannot lock you out. .
You sure about this one Scott? I know the eviction has to proceed, but once the foreclosure is process, ownership transfers to the lender and the OP no longer owned the house. The auction is just a way for the bank to unload the property that it already owns.
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Computer Expert and Renaissance Man
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May 28, 2009, 09:01 AM
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Originally Posted by stevetcg
You sure about this one Scott? I know the eviction has to proceed, but once the foreclosure is process, ownership transfers to the lender and the OP no longer owned the house. The auction is just a way for the bank to unload the property that it already owns.
This may depend on local law, but from what I'm aware of the owner can bring the arrears up to date right until the auction. The auction is when the property changes hands.
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New Member
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Jun 8, 2009, 04:16 PM
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In order for a bank to foreclose they hire attorneys to process the notice of default. Then the home must be advertised in the local newspaper before the Sheriff Sale.
When a home is left vacant the bank can go in at anytime and change the locks and board up the windows to prevent any vandalism.
Not sure if you want the home back, but you would have to check to see if there is a redemption clause in your state!
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