Landlord foreclosed, bank changed locks

[missysj]

Howdy! I am in Erie County, NY. Our landlord foreclosed on the house we were renting. During the time it took for the bank to actually take possession of the property, we were hit with a snow storm that caused a lot of damage to the house. The house was declared uninhabitable, however, we were in the process of buying a different house so we just kept our stuff there while we were closing. Well, the house foreclosed last week, and we are closing on our new house next week. We went to the foreclosure proceedings and they said it wouldn't be a problem to keep our stuff there because it would take a couple of weeks to get the paperwork together and issue an eviction. Three days after the foreclosure, someone came and changed the locks on the house. We cant get in and have no access to our stuff. There was also nothing posted. It wasn't until Monday night that something was posted (three days later) with a phone number to call. We were quite put off by the fact someone went into the house and changed the locks to lock us out. We felt it was an illegal eviction. They are saying they had a right to go in there to protect their assets, because the electricity was shut off and the back door was unlocked. They were very rude to us, and just said they could set up a time for us to come and get our stuff. I feel violated and angry I can not go and get clothes or anything I need (we are currently staying at my mom's house around the corner, so it was good that we didn't have to bring everything with us). They say the house was abandoned because the electricity was turned off and we weren't actually living there. Is it right that they can do this??? They say they will help us get the stuff out, but what if when we go in there, there is stuff missing or broken? I hate it that they can go in there anytime, with our stuff in there, and we can't. We still have not gotten an eviction notice. We still get our mail there and they knew there were supposed to be tenants there. Can anyone tell me if this is right or am I crazy???

[Iddabiddy35]

I am sorry to hear your story - my suggestion is that you make sure you are at the property to remove your belongings on the date and time 'they' (whoever 'they' is) told you to come. Yes, locks can be changed by whoever took over the foreclosure and now owns the property. I would try to contact whoever it was who told you at the forclosure proceeding that you would have a few more days to ingress and egress rights to the property. I would let 'them' (you wrote 'they') know that what they told you turned out to NOT be the case at all and you have suffered from the inconvenience. You can't do anything about 'their' being rude to you because in reality, this is not your property at all and in reality, you left your personal belongings there at your own risk. Sorry to be so blunt but in forclosures procedings no one has any right to the property except the bank or whoever took over the property. Good luck in retrieving your possions - hope you had renter's insurance for some protection of your personal belongings should some things 'disappear'. Sorry if I sound 'harsh'.. but I do hope you get your things back.

[brk]

Contact whomever is in charge of the house and arrange to pick up your possessions now.

Bad move to leave anything. Hopefully there is something there to pick up.

[Aubergine]

. . . Yes, locks can be changed by whoever took over the foreclosure and now owns the property. . . . You can't do anything . . . in reality, this is not your property at all and in reality, you left your personal belongings there at your own risk. Sorry to be so blunt but in forclosures procedings no one has any right to the property except the bank or whoever took over the property. . . .

Idabiddy, are you sure you know enough about tenants' rights in foreclosure proceedings to give advice with such certainty? I notice that you didn't ask the OP whether he or she was named as a party in the foreclosure action and served with the summons and complaint. That suggests to me that you are basing your advice on less than a thorough understanding of the issues involved.

[Iddabiddy35]

Aubergine - you're right - I'm not a real estate lawyer however, I based my assumptions on the statement "house was abandoned because the electricity was turned off and we were'nt actually living there"...
I assumed that the tenat in question HAD moved out prior to the foreclosure notice and HAD the electricity turned off when he/she moved out. I assumed that the tenant was no longer a tenant at the time of foreclosure.

[TenantNet]

It may be time to remind all readers that no one on this board -- including yours truly and including Aubergine -- are correct all the time. The Disclaimer on the Forum Rules, states:

... this is a discussion board with many users. Some may have the experience and knowledge that is correct and comprehensive. Others may not. The user should be aware that some facts and opinions on this board may be incorrect and should independently verify any such information. TenantNet is not responsible if a user relies on incorrect information. The law changes over time and is interpreted in many different ways by the courts and administrative agencies.

That means what it says. This is a discussion forum. Most users are tenants and not experts or tenant attorneys. Nothing here is "legal advice" upon which you should rely. Many here have varying levels of experience and a fair amount of what is said could be darn good advice. But every situation is different. Most users here should understand this, so let's not jump on each other.