Legal Question in Real Estate Law in California

I'm in Ca. My residence is in foreclosur. THe bank had our front door locks changed on Jan 27th for abandonment . We have collectibles, funrniture, and other stuff still within. No official notices have been served by Wells Fargo or the local authorities. The San Joaquin County records as of today indicate no sale of the trust.

What are our options at this point. We just want our stuff and they can have the property, but being handicapped, I can't move that fasr.


Asked on 2/13/12, 12:00 pm

3 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

You really need to contact a local real estate attorney. There is something missing in what you posted - it would be very unlikely that the bank would perform a lock-out without a court order in hand. Banks are usually very cautious and don't generally lock-out homeowners on the grounds that they abandoned the property, and even if they did so, they could not and would not do so until such time as a foreclosure sale has taken place. Unless you went down to the County Recorder's office and had them search for a Trustee's Deed, the online records don't always keep pace with the real-time records. Additionally, the Trustee at the foreclosure sale has up to 10 days post-sale to actually record the deed. This is more complicated than can be answered on a free website such as this, so I strongly encourage you to contact a local real estate attorney to help you recover your possessions.

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Answered on 2/13/12, 12:13 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Even if a foreclosure sale has taken place (somehow without your knowledge, which is entirely possible, especially if you don't live there now), you are entitled to remove your belongings. Also, a property is not 'abandoned' so long as the owners (or previous owners, as the case may be) have if filled with personal belongings. I suspect you may be missing some information about the current status of things, or are out of communication with Wells Fargo. Banks like Wells Fargo hire local independent contractors to look after foreclosed properties, including changing the locks. Somethimes they (the bank or the contractor) make mistakes, but I think it's likely either of two things has happened: (1) a foreclosure has taken place; or (2) the bank or contractor mistakenly believed the property was abandoned (and vacant) and therefore prematurely and improperly changed the locks.

By the way, you mention only the front door locks. Do you still have access through another door, e.g. the back door or an attached garage? That could change the analysis somewhat. Maybe someone broke in at the front door and the contractor changed the lock by necessity.

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Answered on 2/13/12, 1:01 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with the previous posts. The lenders are not authorized to enter the property and change the locks. Lawyers call this self help. Absent a provision otherwise, a mortgage or a deed of trust does not entitle the lender to possession of the property. Even with a completed foreclosure, a lender must proceed with an unlawful detainer before they are entitled to possession of the property. I suggest speaking to a competent real estate attorney immediately.

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Answered on 2/22/12, 8:27 am


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