Atlanta, GA asked in Consumer Law and Real Estate Law for South Carolina

Q: Is it legal for a mortgage company to enter a home w/out consent? They say the home is in “pre-foreclosure”

The homeowner is 2 payments behind

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1 Lawyer Answer
D. Nathan Davis
D. Nathan Davis
  • Consumer Law Lawyer
  • Licensed in South Carolina

A: No, a mortgage company should not enter a property unless it appears to be abandoned or unoccupied. The rule is that the mortgage company has the right to protect its collateral. Of course, the mortgage company is going to claim that they did not think the property was occupied.

The mortgage company will sometimes even change locks when the property is not really abandoned. You can sue the mortgage company for trespass to property, however, it is sometimes difficult to get a verdict that makes it worth your time to bring the action.

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