Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Mortgages, Refinancing & Foreclosure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-30-2007, 09:00 AM
Junior Member
 
Join Date: Oct 2007
Posts: 4

They changed the locks and stole my stuff!


What is the name of your state? Michigan

Hello all. After going 90 days late our house went to the sheriff's auction. The bank bought it back from themselves. However that works! The sale was on the 15th of August. The local broker who was handling the house for the bank ordered a lock change on the 20th and it was done on the 23rd of August. We weren't completely moved out yet and the house was by no means vacant. The contractor that came out to change the lock stole an expensive drill from me. I am, of course, having a very difficult time getting it back. The police haven't been any help. They tried to get back into the house another time but I had the doors screwed shut from the inside. They got the hint! The bank wouldn't tell me who had been out there and I was getting really frustrated.

I had complete rights to the property still by what my realtor has told me. Do I have any legal recourse against either the broker or the contractor? It's my understsanding that they have to wait at least 30 days after posting notice at the house and the house must clearly be vacant. I'm not looking for money, I just want my drill and if they've broken the law they need to pay. Money is always nice though, if it's an option here.

I feel that my rights were violated but I haven't been able to find anyone who can give me a definite answer one way or the other. Just a couple weeks ago the bank offered me $2000 for the keys. I turned it over to them. Any advice from the pros on this one?
  #2  
Old 10-30-2007, 09:24 AM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
It's very simple.

They bought it at the public sale.

You broke into a house that was not yours.

I would hire a lawyer if I were you.
__________________
There are two rules for success:

(1) Never tell everything you know.
  #3  
Old 10-30-2007, 09:47 AM
Junior Member
 
Join Date: Oct 2007
Posts: 4
No, that's not the case. Read the whole post. The redemption period is 6 months after the sale here in Michigan.

Anyone else? Preferably someone who is paying attention! =) Thanks folks, appreciate it.
  #4  
Old 10-30-2007, 11:10 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by phitechllc View Post
What is the name of your state? Michigan

Hello all. After going 90 days late our house went to the sheriff's auction. The bank bought it back from themselves. However that works! The sale was on the 15th of August. The local broker who was handling the house for the bank ordered a lock change on the 20th and it was done on the 23rd of August. We weren't completely moved out yet and the house was by no means vacant. The contractor that came out to change the lock stole an expensive drill from me. I am, of course, having a very difficult time getting it back. The police haven't been any help. They tried to get back into the house another time but I had the doors screwed shut from the inside. They got the hint! The bank wouldn't tell me who had been out there and I was getting really frustrated.

I had complete rights to the property still by what my realtor has told me. Do I have any legal recourse against either the broker or the contractor? It's my understsanding that they have to wait at least 30 days after posting notice at the house and the house must clearly be vacant. I'm not looking for money, I just want my drill and if they've broken the law they need to pay. Money is always nice though, if it's an option here.

I feel that my rights were violated but I haven't been able to find anyone who can give me a definite answer one way or the other. Just a couple weeks ago the bank offered me $2000 for the keys. I turned it over to them. Any advice from the pros on this one?
**A: I have an answer.
  #5  
Old 10-30-2007, 11:11 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by phitechllc View Post
No, that's not the case. Read the whole post. The redemption period is 6 months after the sale here in Michigan.

Anyone else? Preferably someone who is paying attention! =) Thanks folks, appreciate it.
**A: why do you say SJ is not paying attention.
  #6  
Old 10-30-2007, 05:12 PM
Senior Member
 
Join Date: Feb 2007
Posts: 8,287
SJ was right.

The house was sold as of the sheriff's sale. A 7 day notice is all that is required for the residential eviction (almost certainly done concurrent with the sale).

The right of redemption means you can reverse the sale, not that you have six months to get out. And if you don't have the money to buy the house outright the right of redemption means SQUAT. Most people don't (if they did they wouldn't have been foreclosed upon).
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:19 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.