Can a bank hire someone to secure property before foreclosure? 10 Answers as of March 05, 2014

I filed Bankruptcy and it was discharged in 2010. The mortgage was sold in Dec 2014. The new bank sent a company out to the property who broke into the house and put a lock box on the back door only in which I filed a police report. I called the bank and they are telling me that my BK attorney allowed them to go into the house without notifying me. Now they have shown up on my credit report. Is this legal?

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Patrick W. Currin, Attorney at Law | Patrick Currin
This isn't a BK question since the discharge doesn't apply to secured creditors. If the property hasn't surrendered, abandoned or foreclosed, the bank has no right to secure it.
Answer Applies to: California
Replied: 3/5/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If you "reaffirmed" your mortgage in your bankruptcy then it can show on credit again. If not, then they can not and you can sue them. They can not put lockbox on house but if it is vacant they will do it anyway to prevent vandalism.
Answer Applies to: New York
Replied: 3/5/2014
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
You really need to contact your bankruptcy lawyer. No one else could possibly know what they did or did not do related to your mortgage lender. Lenders do have the right to inspect and protect their property when it's vacant. You do not say whether you are still living there or not.
Answer Applies to: Colorado
Replied: 3/5/2014
Law Offices of Linda Rose Fessler | Linda Fessler
You will have to speak with your bankruptcy attorney.
Answer Applies to: California
Replied: 3/5/2014
A Fresh Start
A Fresh Start | Dorothy G Bunce
You didn't say whether or not you had been making the mortgage payments or not, but I am going to guess you haven't been making the payments & that the mortgage company completed a foreclosure. The mortgage company should have filed an eviction to let you know you needed to leave the property, but if you didn't, you may have a nice little lawsuit against them for a wrongful eviction. I wouldn't believe that your attorney told the mortgage company it was okay to look you out - sounds like they are simply playing with you to poison your relationship with your attorney. If the foreclosure proceeded through a judicial process, it would show up on your credit report without any participation by the mortgage company & would be legal.
Answer Applies to: Nevada
Replied: 3/5/2014
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