Foreclosure steps

[2452bentley]

What is the name of your state? New York

I sold a property about 1 year ago, and Im holding the mortgage. The buyer has only paid 2 monthly payments and those were 5 months late. The house was rented by the buyer to some of their family members. We have started forclosure proceedings with my attorney, they have sent notices to the owner and tenants. The owner has not paid any taxes or water bills wich I know will utimatley be my responsibility once I take back the property. My lawyer says it will still be several months before we take back the property. My question is since winter is coming and it appears the house has been abandoned do I have a legal right to enter the home and winterize and secure it to preserve the value of the home. It has a hot water boiler, if this freezes it can do thousands of dollars worth of damage, plus I'll be paying a huge water bill. There are broken windows, and the house is not secure, so I'm also worried about vandalizam. If I cant enter, is there someone that can, possibly in the interest of public safety, like the Fire department, or code enforcement. Also if it is not vacant and it is still occupied where do I stand?

[seagoing]

As a curious reader,do you think ,or can you find out if the utilities have been shut off buy the companies.?If so,and I know I'm suggesting something that may be illegal,but as a concerned citizen,neighbor etc. maybe you can sneak in and drain the pipes,before damage gets done.If its abandoned,and your the bank,I would think you have some right to protect the property.In fact I know a bank that forclosed on a complex in Fl. and they had to secure the property for safety reasons. You might also speak with the local buildings dept about securing it from children etc.Just a thought or 2

[lcannister]

I know this is a dumb question but why on earth do you not ask these questions of the Atty that is handling this for you?

[LindaP777]

Originally Posted by lcannister

I know this is a dumb question . . . ?

Not a dumb question!
Here are the steps to foreclosing (pay attention):
1) Hire an attorney
2) Ask the attorney all your questions, including if/when he has a court date yet.
3) Write the attorney a check

For everyone else out there - if you want to sell your house, either sell it and be done with it, or offer a "lease with option to purchase" and retain the deed in your name. Why? Because eviction is a lot easier than foreclosure!!!