Home Loans and Support

Bank can enter your home to "inspect the property"?? WHAT?

Discussion in 'Deed in Lieu of Foreclosure - Do You Need Help to ' started by drowningvegas, Jan 28, 2010.

  1. drowningvegas

    drowningvegas LoanSafe Member

    ..

    Ok, so I wanted to pose this question separate from my update post, as I think this is important. Can the bank, upon acceleration, enter my home? They sure want me to think so from the letter they sent today. It states the following (below). Anyone with insights, I'm all ears. This is the only thing thus far that has freaked me out a little... I'm kind of pissed off too. :mad::mad:

    "Your loan is in default. Pursuant to your loan documents, BAC Home Loans Servicing, LP may, enter upon and conduct an inspection of your property. The purposes of such an inspection are to (i) observe the physical condition of your property, (ii) verify that the property is occupied and/or (iii) determine the identity of the occupant. If you do not cure the default prior to the inspection, other actions to protect the mortgagee's interest in the property may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account."

    ..
  2. jakelabry

    jakelabry LoanSafe Member

    I don't necessarily see the issue here. Until you make the last payment, you and the bank are co-owners of the property. And the mortgage (loan) documents you signed DO contain that language. They are protecting their interests which they are entitled to do when you default. I understand that you are "walking away" from your house because you believe it is in your best interests financially. You want your actions to be seen as a logical, rational decision devoid of any bogus discussion of morality. Well, this is the banks logical, rational reaction to the decision you made AND they have the legal right to do so because you gave it to them when you signed the loan documents.
  3. caldwell02

    caldwell02 LoanSafe Member

    NO. they cannot come in. I don't have the law in front of me and don't know if I can find it today. This is Bullshit. Don't let them in. You don't have to let a police officer in your home without a judicial warrant, right? Then you don't have to let them in without an official judicial warrant. I wouldn't let them in. Absolutely not. This is a scare tactic. Once you are out of the home - if you are walking - then it of course doesn't matter.
  4. jakelabry

    jakelabry LoanSafe Member

    Perhaps you should read the attached Deed of Trust for the state of Nevada.
  5. dedwards

    dedwards LoanSafe Member

    They do have the right to inspect the property and to ensure it is occupied and being taken care of. They can not opena door and go into a house they know to be occupied. If thier inspector usually a third party goes to the place they will look at the place if it appears to be lied in they most likley will leave and report back thier findingd, however if the house appears abandoned they have every right to secure the place.
  6. calgirl67

    calgirl67 LoanSafe Member

    I just checked with my local sherrif's dept (in California) and NO they cannot enter your home. You are still the owner.

    Myself, I would make sure Mr Smith & Wesson are home with me, then call the police. Do not let them in - go tell them to screw themselves. What a bunch of scumbags...
  7. jakelabry

    jakelabry LoanSafe Member

    Absolutely - if the house is obviously occupied they cannot enter. They can ask to but you can refuse.
  8. drowningvegas

    drowningvegas LoanSafe Member

    Yes, I still live here. No, I'm not "abandoning" the property until this process is over (if I can stand it here that long). Clearly, if I didn't live here, I wouldn't give one shiz about them coming in... why would I? However, I do live here, with my very friendly and ready to "run out the door" dog... I don't want them just rollin' in and having the dog get out. I know that might sound dumb, but that's my biggest concern. If they come to my door, I will tell them they cannot enter, and I will call the police if they attempt to enter without my permission.

    Does that sound like a good plan? I appreciate all of your input, and thank you for the law documents, Jakelabry. :)
    1 person likes this.
  9. goldie

    goldie LoanSafe Member

    I have an alarm and if they trigger it, I will have the sherriff investigate and if I'm asked if I want to press charges, the answer will be a resounding YES.
  10. Garry

    Garry LoanSafe Member

    Right on. Nobody will enter my house without a officer accompanying them, and that's all there is to it. I don't care who they claim to be, or how much I.D. they have to show me. If they walk in without asking, they will most likely be shot.
  11. jakelabry

    jakelabry LoanSafe Member

    Wow - such anger over a place drowningvegas is walking from! Does not compute!

    Drowningvegas, I hope you have a plan for once the place is actually foreclosed and sold or returned to the bank. You gave me unpleasant visions of someone breaking into my house and letting my dogs out!
  12. skeeter55

    skeeter55 LoanSafe Member

    They can only take a curb photo shot, like they did twice with my house.
  13. drowningvegas

    drowningvegas LoanSafe Member

    I might be stepping out on a limb here, but people might just be a bit angry because many people here feel "helpless" in a David vs. Goliath situation. I don't plan on shooting anyone (hello?!), but I do believe that if someone were to enter my home without being invited, I don't care what the "clause in my contract" says, I wouldn't be happy about it, and that's the general consensus here... I only asked this question because I want to know MY rights. I kinda get the picture that the bank has rights too, but do they have the right to just "come in unannounced"? Logic says NO, but we ain't deal with a lot of logic these days, it seems...

    On the other note, if you would like to read where I'm at and my plans, there's a link to my story below... I do have a plan, I'm not "squatting" or just waiting the bank out... I'm staying as long as I can to protect ME and the property from what will be a fairly certain demise if I leave it BEFORE it is no longer "mine"... does that make sense?

    Truthfully, I look over the rentals section of the paper and online multiple times per week, and am well prepared to get out of here as soon as is reasonable and prudent. This isn't a money-saving venture for me in staying until the bank comes knocking, it's a money-saving venture in the sense that I cannot in good financial conscience stay here for the horrendous amount of years it's going to take to recover any equity, hoping that things don't escalate to a complete and utter level of hell that is truly so unsafe and despicable, I can not longer physically afford to stay.

    Yes, I am being 100% sincere when I say... my only concern is my dog. The bank (or whomever) can have whatever other shiz is in my house. You want the couch, it's all yours. My dog is my kid. Don't f with my kid, bro. :rolleyes: You know what I mean? It's not like I think the bank is going to come in at 3am, drag me out of bed, and beat my ass outta there...

    Sorry if this turned out to be such a hairy topic... Nonetheless, I think it's very important to discuss this stuff. :)
  14. ManicMangaManiac

    ManicMangaManiac LoanSafe Member

    I've already been foreclosed on :( and the house was bought by Wells Fraudgo, but if they send someone out to come and inspect it... I'll just slam the door in their stupid faces and tell them to go to HELL because that is precisely where they belong. Heck, I might even go after them with pepper spray or something like that. Good thing I have four large and LOUD dogs to scare the sh*t out of them!
    Sally
  15. scarletofyre

    scarletofyre LoanSafe Member

    Drowning,
    Im with you on the dog issue...but its because my dog is not particularly happy to see strangers on "his" turf. I have plastered "Beware of Dog" on every gate and every door--but I still have visions of some outsourced bankster operative being mauled everytime they leave one of those stupid brown door-hangers on the property.

    Is your dog micro-chipped? Can you take him/her to doggy day care while you are away from home? Can you crate your dog when you cant supervise him/her? I know you've probably thought of all these precautions before--and, like you, I am still searching for a better solution.

    They may take our homes, and give us Post Traumatic Stress Disorder, but endangering our "Kids" through unannounced intrusion is beyond the pale!
  16. Sparkss

    Sparkss LoanSafe Member

    The outrage arises from the "home is our castle" mentatlity. I would feel violated if anyone "forced" their way into our home, whether through brute force or legal avenues, the result is the same, our privacy is violated.

    The thing that got me about that notice is not only were they wanting to violate your privacy, they also were going to charge you for the priviledge (by adding the expense to your account balance). Not that it really matters, but the principal is what sucks.

    We have BAC as our servicer also, although we are in Ca not Nv, so the laws may be different, but they ask us jsut about every other call if we are still residing in the house or if we have "abandoned" it. I responded that it would be stupid to abandon since it wouldn't make them forceclose any faster and the house would just be sitting empty, unused and "wasted".
  17. drowningvegas

    drowningvegas LoanSafe Member

    Touche, Sparkss. You are on to something... :)
  18. knownick

    knownick LoanSafe Member

    As others have said, if they believe the property to be vacant/abandoned, they have the right to enter and secure it. I've watched them do it before.

    They will NOT enter a home if they have any indication of it being occupied.
  19. darlyj

    darlyj LoanSafe Member

    I'm with Gary on this one. I'm home alone with my kids while DH is out looking for a job, and they will not get into this house unless they are invited in or have a police escort with badges and id cards. Yes, they should be carrying id cards too because badges are relatively easy to get ahold of. You simply have no way to verify that someone is a representative of the bank simply by their say-so anymore, and it is not safe. Sad but true.

    We lived in a rental that was for sale before we "bought" this house and the arrogant RE agent decided to just let himself right in, unannounced, one day while my infant daughter and I were napping. Luckily for him the client was not there yet. Let's just say he never pulled that BS again, and probably had to stop and buy some stain remover on the way home. :D
  20. RN009

    RN009 LoanSafe Member

    Today, I have received a regular payment, there is a few lines state:

    The security instrument you signed gives us the right to inspect the mortgaged property........ They say they will send an inspector to determine the condition of the house and continue to inspect at least every 30 days until the loan becomes current, and I will be responsible for the fees.

    I told my wife no matter what, if there is no officer with them, don't let them into the house.

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