Farmingdale, NY asked in Family Law and Real Estate Law for New York

Q: who and why Safeguard properties was authorized to winterize my deceased mothers home 4 months after she died.

My mom passed away on 5/18/16 and I was appointed executor of my mom's estate on 9/22/16 after a delay due to a sibling. On 9/25 I checked on the house and everything was fine and we were looking at realtors to sell. Early Sept when I went, there were notices from BOA and Safeguard and I called both and was assured that there were no issues.When I returned on 10/1 the lock was cut out of the door and replaced with a hasp and lock, no lock box in sight. I called Safeguard and was told that the "lender" authorized the winterization and I would need to contact my them for any additional information as is it "confidential". I have tried unsuccessfully for 2 wks to find out who and why this was authorized and who is paying for the winterization. The bank knew from May that she passed and were given the death certificate within days after the funeral. I have been told that I need to contact the "preservation dept" and when you search on line it leads right back to Safeguard.

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: The bank can do this under the loan documents. Assuming you now have authority to sell, I am sure the bank will work with you to give access to you and a broker, etc.

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