I have a listing with owner of record having no public notice of sale issued either recorded or published. A contractor for the bank called on my sign and requested access, threatened to break if not granted. My client said not to provide them access and tells me he's current on loan. Either way delinquent or not, does a bank have any right to force access to a home they don't own?

I'm in Arizona, this is a deed of trust, and I cannot find anything in statute / legal code saying they do. I've represented vacant home clients with delinquent mortgages multiple times before and never run into this. Overreach / confusion on lenders part? Has anybody else experienced this?

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  • Bank mortgages typically have clauses that allow them to preserve a property they determine to be abandoned.  So yes, they have a right to do it if the property was deemed abandoned by the bank.

  • The only time in NY that happens is if the home is abandoned and looks so.  They should not be doing that if the seller is current, working with an agent, and property is secure.  Does the property look secure and taken care of ?  I do not know if there is any specific laws near you but that is crazy.  It may be over reach by the agent they hire to check in on the property.  Have your client call the bank asap and verify if they even have anything to do with this.  If so inquire to why.  I have a feeling the agent they hired to check in is taken advantage or maybe someone else trying to do something suspicious.  I do both represent sellers in short sales and do inspections and at times changing locks and securing properties for the bank.  The ONLY TIME the bank ever gives us the ok to do is when the house is abandoned, potential squatter resistance, or a danger.  Again I am in NY so laws may differ for you.


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