Legal Question in Real Estate Law in California

Homeowners were in default on the loan. Mortgage company changed locks on them before foreclosure commenced, they had moved out, but they were still maintaining the property, cutting the grass, etc. Any remedies for homeowners? They also wrote letter to mortgage co. saying that they were moving out.


Asked on 9/09/09, 12:51 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

What kind of remedy? Compensation for doing the maintenance? I don't think so; there was no contract for that service and the lender would argue that the borrower benefitted from the maintenance because it acted to produce a better result at foreclosure - and maintenance is probably the borrower's responsibility anyway, even if they have moved out.

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Answered on 9/09/09, 1:16 pm


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