Legal Question in Real Estate Law in Florida

1) If you are talking about foreclosure, there is a court process that the bank (or assignee of the mortgage) must follow.

2) If a lawyer is "taking the case" that does mean he "took the case." Be sure to pay his retainer and request regular updates.

3) Talk to the lawyer about delaying the process so you can stay in your house as long as possible. S/he should know how to do that if s/he took a foreclosure case. I took a "crash course" in it myself, and I know how to buy at least 6 months of time. It doesn't take a rocket scientist or an expert, just someone who is willing to learn, responsible, and ethical. Don't be a guinea pig, though, unless you get a bargain price.

Good luck.

It sounds as if the bank has filed a foreclosure case against your home. If someone at the bank that is foreclosing thinks that you have abandoned the home, they may have gotten permission from the judge to enter the property and change the locks on the door. Sometimes, the banks do that on their own without receiving the judge's permission. In either case, the bank probably cannot lock you out.

If you are theowner, you can call a locksmith and change the locks back. If there is a foreclosure case pending in court, you should also file a motion to bring this to bring to the judge's attention the fact that the bank locked you out.

Our office handles a lot of foreclosure defense cases. We offer a free initial consultation, and would be happy to discuss the situation with you.

Generally, a lender cannot lock you out. If the house has been foreclosed and sold at public auction, then the new owner can lock you out. If the lender has bought the house at foreclosure, then it becomes the owner.