OfflineI'm asking this for a friend who is in a state that does Sheriff sales. My friend has not received notice of a sheriff's sale or a date; but she went to her home and the bank had come in and put notices inside the house not to use the water.
The question is, can the bank do this before they issue something stating the sheriff's sale is taking place? They are in lis pendens, however, they filed bankruptcy which halted the whole process and the bank said a foreclosure wasn't happening anytime soon. Any insight into this? Can they do this?
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the water notice is because the water bill attaches to the property when your friends leave if they do not pay the water bill. Therefore, the bank is giving notice to stop tallying up expenses that the bank will probably have to pay. There is validity in the action; I'm just not sure if it is enforceable. (Obviously, the best way would have been for the bank to order the water shut off, but there is probably liability attached to that action as long as your friend is living there.)
As far as your other questions, I'm not sure how much is procedure and how much is legal since the bankruptcy tangles simple thing up. It could be that one side of the bank isn't talking to the other side of the bank. Who knows? But your friend better have an exit plan as the end is growing near if they aren't going to re-assert themselves for the home.
Curious? What state?
Always Looking to Acquire Houses | Always Looking to Amaze Investors
You always have such insightful information! This is in WI.
Tammy,
legally they cannot come into the house if the sale has not happened. Even after it goes through, the homeowner should be given 72 hours to vacate. There is a lack of communication between bank's servicer, the bank, and the utilities, and the homeowner (obviously). Heck, there is lack of communication even within the different branches of the banks.
Bill,
you just know it all!
Learning and progressing every day,
Valerie
Valerie
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