Can the mortgage company come into my home and winterize it and change the locks before the foreclosuer sale

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my was to be sold on courthouse step on 2-2-09 but our mortgage co agreed to redo our loa . We were informed of this on 1-23-09 over the phone. They said the foreclosure had been stopped and that we would receive our new loan papers to sign before or by 1-30-09. We had been moving out because we did not think the mortgage co was going to approve refinance and had made up our minds that we were losing the home. We were elated to hear of the approval. Although we do not have anything on paper yet . We began to move our things back today 01-26-09 only to discover that our home had been broken into and winterized and the locks had been changed. I don't understand. The mortgage co told us that they were redoing our loan and even if that is not true the house isn't going up for auction until 2-2. please advise what my next step should be

Attorney Answer

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Shelly Crocker ·
You should locate a HUD housing counselor in your area immediately to help document you loan modification. We have seen instances of mortgage companies failing to follow through on modifications. Whether the lender has violated the law is most likely determined by the language of your mortgage. Some documents and some state statutes do permit what is known as "re-entry" to "protect" the property. We have represented clients in just this situation, but unfortunately it is not an easy road. You will definitely need the help of a lawyer or a housing counselor in your area. Try your local bar association for a referral, or any local legal aid society. I really wish you all the best of luck. Be persistent and keep calling people until you get some satisfactory answers.
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