I have a real estate question. Is it possible to retrieve personal items from a house that has gone into foreclosure? My

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Customer: I have a real estate question. Is it possible to retrieve personal items from a house that has gone into foreclosure?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: My mother passed away 1.5 yrs ago. She had put her home in a reverse mortgage. There are 3 children as heirs. The estate is less than $100,000 and never went through probate. I am one of the 3 heirs. Another heir was the acting executor although never legally standing in that position. The mortgage company was notified of the borrower's death. Also, my sister (the acting executor) sent a letter to the mortgage company asking for the payoff amount around 5-15-20. The mortgage company sent a form for her to fill out but she never did. That was the last communication to my knowledge. On 2-19-22, someone came from an asset management company, that apparently work for HUD, and locked the house. I presume it has gone through some foreclosure procedure although we were never notified of it. There are still personal items in the house we would like to get out. Is that possible?
JA: Where is the property located?
Customer: Near Cuba, Illinois,
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Answered by StephenH129 in 1 min 7 months ago
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StephenH129
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StephenH129
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StephenH129
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StephenH129, Expert

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started:

I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly;

I always go for immediate responses, but I am occasionally called away for client meetings. Your question is important to me and I intend to help you to the best of my ability.

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StephenH129, Expert

Yes, that should be possible.  It needs to be on the executor though.  They have the authority to enter the home and remove the personal property.  The foreclosure is on the home, not the items in it.  Those are still the property of the deceased.  You have every right to pursue them.

Customer
There is no official executor. There are 3 heirs and we would like to get personal items.
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StephenH129, Expert

Then someone needs the authority to act.  Someone needs the green light from the mortgage holder.  That is the executor.  You need to talk to them.  Why is there not access to the home?  What is preventing you from just going to get the items?

Customer
An asset management company put a sign on the door saying the property should not be entered. I presume they work for HUD.
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StephenH129, Expert

That is for occupancy, not removal.  I would just go and remove the items honestly.  You would be doing them a favor in all reality.  They will just toss everything.  It's all trash to them.

Customer
Ok thank you. Their office was not open today due to it being a holiday. I will reach them tomorrow and retrieve items hopefully.
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StephenH129, Expert

Sounds good.  I would start there.  They should allow access.  I see no reason why they legally would not as long as no one is seeking to live there.  Anything else I can help with or answer?

Customer
No, not now. Thank you!
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StephenH129, Expert

My pleasure.  Thank you for using just answers.  Take care now.

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