Foreclosure Property Access Rights

Summary

Mortgage holders in California generally cannot require property access before foreclosure without permission. Refusing appraisal access may complicate matters. If unauthorized entry and theft occur, you may have legal recourse against the mortgage company. Consult a local attorney for specific guidance.

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****.
Hello ****, how can I assist you with your legal issue today?
my house is being sold due to foreclosure on January *, *. I am in California. Can the mortgage holder require entrance onto the property before the sale?
In California, the mortgage holder generally cannot require entrance onto the property without your permission before the foreclosure sale. However, they may request it for specific reasons such as appraisal. It's best to consult with a local attorney for precise advice.
They do want to do an appraisal. But I do not want them in my home. Do I have to let them in?
In California, you're not obligated to allow access for an appraisal. However, refusing may complicate the process. It's advisable to consult a local attorney for specific guidance.
Three months ago they had an appraiser stop by when I wasn’t home. The individual deemed the house vacant. They entered my home and stole some property. I submitted a police report and named the mortgage company as a suspect. The man today verified it was them. Do I have legal recourse against them?
Based on your situation, you may potentially have legal recourse against the mortgage company for:
- Unlawful entry
- Theft
These matters are serious and can involve both civil and criminal elements. It's recommended you consult with a local attorney for personalized advice.
Thank you.
You're welcome, ****. If you need further assistance or have more questions, feel free to ask. It's important to act on this matter promptly. Also, consider contacting your local bar association for attorney referrals.