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Old 04-02-2008, 03:53 PM
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Can a Lender enter the mortgaged property and change the locks (w/o foreclosure)?


Under Florida Law, may a Lender enter a Borrower's non-residential property (without notice and without even filing for foreclosure) and change the locks if the Borrower is in default? I've been trying to find an answer, but have only come up with Landlord/Tenant laws which don't apply.

Thanks.What is the name of your state?
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Old 04-02-2008, 04:39 PM
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Florida


The state is Florida like I mentioned in the question.
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Old 04-02-2008, 05:43 PM
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Most mortgages include standard language which allows the lender to protect against the property being "wasted" due to failure to heat (risk of freeze up), access to vagrants or thieves if vacant, apearance of abandonment etc.

They have the right to protect the collateral if it does not appear clear that the owner is doing so. While they may have rekeyed, they must and will still allow the owner access prior to the FC.
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Old 04-03-2008, 11:12 AM
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Quote:
Originally Posted by nextwife View Post
Most mortgages include standard language which allows the lender to protect against the property being "wasted" due to failure to heat (risk of freeze up), access to vagrants or thieves if vacant, apearance of abandonment etc.
Most mortgages also require the lender to notify you at the time of or prior to entry. Then, there may be another article in your mortgage requiring all notifications contained within the mortgage to be in writing / sent via mail etc. Read your mortgage, if you feel they breeched the contract in anyway, get out your checkbook and call an attorney.
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