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after reading, I also have the question unanswered. Maybe asking the question differently, as we all do occupancy what point does the bank/client have the legal right to ask us to rekey and secure the property? if we inadvertently lock out an owner who has apparently abandoned property, we realize that we will most likely both be sued, but who has the legal right to lock out?

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Confirmation of sheriff's sale is proof enough for me. Ownership transfers. It's public record.

Simply, the mortgagor executed the mortgage which secured the property as collateral, again of public record. The mortgagee therefore, has the right of access to protect and preserve the collateral.
I have one in process with another agent now, the seller has agreed to a short sale during the redemption period. They have moved, home is staged for showings, all utilities on and home is heated. Bank ordered occupancy check, and locked everyone out. Listing agent punched locks back out and told bank, hands off, seller spends a couple days a week on premises. Bank re locks out, cannot show. They are now interfering with the sellers right to a short sale process.

Fast forward..My client is the buyer, we cannot get back in to do inspections, while the bank has now oked the short sale. This week they went in and winterized it, had utilities disconnected and placed into the banks name..all without permission from the owner..we cannot get anything back on, 7 days for inspection contingency..
Victoria sounds like a mess but nothing that cannot be overcome. I think the key question here is what rights are afforded to the borrowner after the judgment of foreclosure and during the right of redemption.

The access and inspection dates and winterizings are just minor hurdles. Patience, follow through and reassurance from the agents involved is critical at this point. And lets face it, we are the "agent", it's our job. Someone approved the short sale, someone has the contract. Let the bank do their preservation. When they are ready to close, let the bank dewinterize it most likely won't be a problem. It's keeps the contactors busy. If they don't, no big deal. If the deal falls apart, the property is preserved, no big deal.

It sounds like your deal is in that "gray" area between loss mit and reo, different departments, diffferent rules and no connection whatsoever, obviously.

Good luck!
yep, the listing agent is him..the bank does not know which hand is holding the other. so far they have refused to de winterize, even though I have pointed out that it is written into the contract they accepted. i put that in every short sale just in case..even if it is july! anyway, they are ignoring the dewinterize, utility on clause..and are refusing to allow the water to be turned back on. my poor buyer needs to give notice tomorrow..she has also been stellar through a 4 month up and down process i would have walked away from. i am so fortunate to have the sellers agent as knowledgeable and forthright as he is, hoping we can work through it..close is supposed to be in time to get her her 1 st time homebuyer cash


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