Legal Question in Real Estate Law in California

Check with the county recorders Office as to whom is shown on title, as they could have improperly foreclosed without informing you. If you are still the owner [would be until a foreclosure sale occurs] and if the place is not being rented out, then the had no right to change the locks unless the building was unsecured and they did so to prevent people from breaking in. call a locksmith to change the easiest lock so that you can get in and then re-key all the other locks yourself; you will need to show him a proof of owner. It should cost about $80-$100 for one lock and the trip there. If the bank has people coming out to inspect the property, you would want to tell the bank what you are going to do so that you are not reported to the police as a trespasser. That might cause them to advance the foreclosure process. As long as you are the owner, you might as rent the house out but should tell prospective tenants of the situation [they might actually get paid key money by the lender to move once foreclosure has occurred]. If the rent is cheap enough, you will find people willing to rent even though they might have to leave on a month's notice or so.

Mr. Shers' theories may be right. Nevertheless, I think you need to act cautiously and not make any assumptions about what has happened. It's very possible that a foreclosure has occurred -- three years is a long time to be in default -- and that you simply didn't get the notices because you didn't live there and didn't keep the lender informed of your current address. A foreclosing lender is not required to hire a detective to track down the borrower.

Check with the county recorder's office where the property is located, or a title company before doing anything else. Chances are you moved and did not update your address and the property was properly foreclosed on. If the title is still in your name, go see an attorney.