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Your Rights During Foreclosure -- ISBA Info

Question:  Can a lender or property manager break into and secure a home that is in foreclosure without giving advance notice to the owner? Answer:  Property managers have the right to break into and secure homes which are in foreclosure in order to protect lenders’ interests. However, they need to give notice in advance or risk performing a criminal act. While there are clauses in many mortgage contracts that say the lender can secure the property, there is no enforceable clause that allows a property manager to enter a home without notification. There is an exception to this rule if the house has been abandoned. An experienced lawyer can provide further information.   For more information about Illinois law, visit www.illinoislawyerfinder.com. If you have a legal question, send it to illinoislawcolumn@isba.org. Illinois Law Now is a series of newspaper and internet posts prepared by the Illinois State Bar Association that address legal issues of interest to the public. For additional information about the law, visit http://www.illinoislawyerfinder.com/legal-faqs

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