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Old 07-02-2008, 04:25 AM
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Default LEGAL QUESTION; foreclosure question?

This is slightly confusing, bear with me.

There was a family in Massachusetts, composed of a mother and her 2 children, and a stepfather. The mother was diagnosed with cancer and passed away. After her death, her two children moved out of the house into a different state to live with their closest relatives, leaving the stepfather in MA.
A few years later, the home that the family shared in MA was foreclosed. The stepfather can't be found. However, the mother's belongings remain in the foreclosed home. Without any key to the house, is it possible for the children to reclaim their mother's belongings?

serious answers please this is very important.
As of now there is no one in the house. It was just foreclosed, it will be at auction for a year.
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Old 07-02-2008, 07:31 AM
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Unsure of Massaschusetts but in most states after the court order to vacate the belonging are moved out and put in storage from 30 to 60 days than sold to cover the cost
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Old 07-02-2008, 09:07 AM
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It depends on if they are still there, and whether the bank owns it or if they sold it to a third party.

If they are still there, look up the case (a lawyer will probably help for free) and find out the attorneys handling the foreclosure. Call them. They'll probably let you take the stuff, if you present some documents like a death certificate, and some authority to take her personal stuff. Their lien does not reach the contents, so they'll be happy to be done with it. You'll probably have to sign a statement that you got all her personal property.

If it's gone, its gone, and would be very difficult to hold anyone responsible if it's been months since the f/c was final.

** Okay, so it is still in the process of being foreclosed. Assuming no one has already "liberated" her property and it is still there, you can claim it. You will need to go through the attorneys handling the foreclosure to do it. What they will want depends on how good they are at covering themselves against the fact you might not be who you say you are, but shouldn't be impossible to accomplish.
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