Mortgage foreclosure actions are long, complicated affairs that have a lot of moving parts. This space does not allow for a detailed analysis of the rights and obligations of the parties in a foreclosure action, but in light of recent events, there are certain rights that homeowners need to be aware of.
There has been a trend by some lenders who are attempting to foreclose on personal properties to use tactics that may not be considered ethical or even legal in attempting to get people to vacate their homes. Tactics such as lockouts, board ups, padlocks, intimidating letters, intimidating phone calls and other measures have been used by lenders intent on getting possession of the properties without going through the legal requirements necessary for that possession.
Homeowners should note that they have very specific rights to remain in their homes during almost all but the final stages of the foreclosure or sheriff sale auction as part of the foreclosure case.
There have been numerous instances of persons being told that simply because the foreclosure action has been filed or they are a defendant in a foreclosure action that they automatically lose the right to remain in their homes during the foreclosure process. This is not accurate. Until there is a specific court order providing for possession of the house by the plaintiff or the party suing for foreclosure, and until that order has been served, the homeowner has every right to remain in possession of the property, including the quiet use and enjoyment of the property.
If you have any doubts about your rights as a homeowner (some of these rights also apply to renters) you should contact an attorney who is competent in this area of the law so you can make a well informed decision about your rights and duties in a foreclosure action.