Can I get my personal property back after the bank sold my commercial property?

UPDATED: Aug 1, 2011

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Can I get my personal property back after the bank sold my commercial property?

The bank foreclosed on my commercial property. I did not receive a notice of trustee sale. I checked the property several times a week for any signs or postings about a sale because I had a lot of property stored there. Then one day everything was gone. I called the bank, they say the sold the property. I had titled vehicles, trailers, and other belongings that are all gone. Is there anything I can do?

Asked on August 1, 2011 Utah


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You are entitled to the return of your personal property that was taken when your commercial property was foreclosed upon. Items of personal property placed within real property lost in a trustee's sale that are not security for the property's loan need to be returned to the rightful owner.

You need to contact the trustee who conducted the sale immediately to find out where your personal proeprty was taken and when. Call and follow up with an e mail or letter (keepng copies of such for future need).

Potentially if you let too much time pass before you discovered that your property was taken from the foreclosed real property, your vehicles and other items may have been auctioned off.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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