I have a real estate question. Is it possible to retrieve personal items from a house that has gone into foreclosure? My
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
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Jessica
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StephenH129, Expert
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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.
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?
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.
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?
StephenH129, Expert
My pleasure. Thank you for using just answers. Take care now.
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