NOT in foreclosure, Mortgage company changed my locks.

[KarmaM5]

I recently moved to Tampa because of my job, I was renting out my Pensacola home, but now I have it on the market to sell. While it is on the market, it is being upgraded and maintained, I just painted the entire home and put $3,000 into the kitchen LAST WEEK. I return to the home a few times a month, I have contractors coming and going, I have a lawn service, and I have realtors and potential buyers entering the property. The house is clean, yard trimmed and fully presentable. There is also a HUGE realtor sign out front showing the house is being shown/for sale.

The house is not in foreclosure and there is no legal precedence for the bank to enter or modify the property. The home was winterized and it is now becoming summer.

Last weekend, I found a notice on my front door. A 3rd party company came by, determined the house was empty and left a relatively nasty letter about how my lender MUST be informed that the property has been vacated and steps will be taken to ensure the property is properly "secured."

As of today, I got a phone call from my realtor that my locks were being drilled by a contractor and their locks being placed in exchange for mine. I JUST bought these locks upon my last tenants moving out. I will be back to the house over the weekend to complete more construction that I am in the middle of. I got in contact with the person who drilled the locks and he would not reveal the client but said "It's almost certainly your mortgage company."

I understand that there is a clause that the mortgage company can "secure" abandoned property, but my property is FAR from abandoned and my payments are up to date.

Am I legally allowed to cut the locks off and put my locks back on the home? I am not being locked out my home, but the new locks are preventing me from getting around in my own home and preventing me from being able to re-lock and re-secure my property as I come and go.

 

[KarmaM5]

Follow up. What legal rights do I have to reclaim any damage?

I am planning to file a police report for both trespassing and breaking+entering.

If possible, I am looking to non-destructively remove all locks and hold them as leverage for the bank or contractor to PAY to repair the lock they drilled out.

 

[Ohiogal]

Have you called the mortgage company?

 

[tranquility]

There are two main legal issues here other than the "foreclosure" portion. The first is it seems you have changed the house from a personal residence to an income property. In theory, while not often enforced, notification to the mortgage company might be required as you got the loan as a place you should live. The second is the insurance. Insurance on income property is more expensive than insurance on your residence. (It is more expensive.) Even worse is the fact the place is empty. That is a different policy altogether. Not having the right insurance can be a violation of your loan contract.

Bottom line, the lender has some legitimate complaints. "Abandoned"? That is not what they need to prove. They need to prove you are no longer using it as your residence or that you are not having proper insurance under the loan contract.

That is not to say there can be a simple determination that goes into effect.

I like Ohiogal's question. This can probably be fixed. But, arguing you have a gardener that still comes will not solve it.