Can my mortgage company demand occupancy or post a notice of abandonment on my homeif I have moved out butam trying to sell?

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Can my mortgage company demand occupancy or post a notice of abandonment on my homeif I have moved out butam trying to sell?

I own a home in PA which I am still making payments to the bank on, maintaining the property, etc. Sunday the bank posted a notice of abandonment on the door and when I called they told me the house needed to remain occupied. I explained it was for sale and I was making payments, etc. and they still said it had to be occupied or they could go in change locks, etc because they consider it abandoned.

Asked on September 28, 2011 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are still of record ownership to the property that has a mortgage upon it that is being paid or not being paid, you need to read the terms and conditions of the mortgage or trust deed securing the loan upon the property in that its terms and conditions set forth what the lender can and cannot do as far as demanding occupancy or posting a notice of abandonment.

You need to send the lender a letter advising it of your intent to sell the parcel and keep a copy of it for your records and that for marketing purposes the property is not going to be occupied and that it is not abandoned.

Good luck.


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