mortgage company

Trash Out – Lock Out

Trash Out – Lock Out

It is illegal for a mortgage company or lender to remove a borrower’s personal belongings from a property and change the locks before the foreclosure process is complete. This action is called a “trash out” or “lock out”.

In Ohio, a lender has to wait 120 days after one missed payment to send a borrower a foreclosure notice. Then the borrower has 28 days to reply to the lawsuit or face default judgment. During this time the borrower is allowed to continue living at the property.

The lender has to notify the borrower through the sheriffs office when they are required to move – which occurs when the property is sold. Usually the borrower is not required to move out during the foreclosure process until the property has been sold. The property could have been sold by the consumer, an approved short sale, or through a sheriff sale.

The property becomes a sheriff sale if the borrower loses the lawsuit or faces default judgment. The borrower may continue living on the property until after confirmation of a sale. This could be a day or a couple months depending on how long it takes for the property to sell.

After confirmation of the sale, a writ of possession is filed. At this time the lenders will notify the borrowers of a move out deadline. If the borrowers fail to move out by the deadline, then the lenders have the right to hire a trash out company to remove the remaining possessions and change the locks for the new owner.

 

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National City Mortgage Company v. Richards: A case study in condition precedent as a foreclosure defense

National City Mortgage Company v. Richards: A case study in condition precedent as a foreclosure defense

National City Mortgage Company v. Richards: A case study in condition precedent as a foreclosure defense[1]

Before your mortgage company can initiate foreclosure proceedings and accelerate your debt they must meet any condition precedents required in the original agreement.  Most often these condition precedents come in the form of required prior notice of default and/or acceleration outlined by a provision in your note or mortgage instrument.  So what does this mean for you?  Basically it means that your mortgage company cannot take action against you without properly informing you of their intent to do so.  National City Mortgage Company v. Richards[2] illustrates the scenario well.  In that case, Richards argued that she never received notice of her default through first class mail as was required in her original agreement with the mortgage company.  Because of this oversight on the part of the mortgage company, Richards never had a reasonable opportunity to cure the problem.  The Tenth District sided with Richards and the Mortgage Company’s cause was dismissed.  If you believe you might have an issue with condition precedent or any other mortgage issue please do not hesitate to contact Doucet & Associates.

[1] By: Justin Potter, Of Counsel, Doucet & Associates Co., L.P.A.

[2] Nat’l City Mortgage Co. v. Richards, 2009-Ohio-2556, ¶ 1, 182 Ohio App. 3d 534

 

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