CALL NOW!
FREE PHONE/VIRTUAL CONSULTATION

What Should I Do If My Property is Wrongfully Seized?

It’s legal in some instances for property to be taken from you and sold at auction if you do not pay what you owe for it. This is common when it comes to homes and vehicles. Unfortunately, there are instances in which someone can undeservedly be subjected to seizing. There are rules regarding how property can be seized and sold, and if the bank or another entity seizes your property and tries to sell it at auction, you should take action. What you do will vary based on the type of property that was seized.

Mortgage Foreclosure

One of the most common instances of seizure is foreclosure. Banks are allowed to foreclose on home mortgages based on very specific circumstances that vary from state to state. Prior to any foreclosure, notice must be given to the homeowner. There is never an instance in which your home will be seized legally without you being given some type of warning. Should your mortgage holder attempt to prevent you from entering your home without proper warning of foreclosure, you could be entitled to take legal action – even if you are behind on your mortgage payments.

Vehicle Repossession

Another common type of seizure is vehicle repossession. If you fail to make payments on your vehicle loan, the lender is legally entitled to take the property from you. In some cases, no advance notice is needed, though it’s highly unlikely someone’s vehicle will be seized without their having some indication there is a problem. Some states do require notification, especially if the lender intends to sell the vehicle at auction. If a lender fails to follow legal protocol during the repossession, they are at risk for losing out on certain benefits available, but that might not mean having to return the vehicle, so don’t assume you’ll get to keep your vehicle just because the lender did something wrong.

Storage Lockers

Storage containers or lockers are another common instance in which seizure is common. People rent storage space to keep items they do not want in their home in a safe location. Often, rent goes unpaid on these lockers and the owner of the locker is entitled to auction the contents off after a certain period of time. Most states require notice be provided and have a specific procedure in place that if not followed, can result in the storage company’s liability and give you the right to file civil action.

Government Seizures

Many of the guidelines listed above apply to the government, but unfortunately if the government is responsible for wrongfully seizing your property, remedying the situation is going to take a long time and be very expensive. For more information on government seizing property, visit the US Treasury’s website.

If you believe property seizure is a possibility, you have been notified of a lender’s intent to seize property, or you were the victim of property seizure, you need an attorney. Even if there was a legitimate reason for the seizure and proper protocol was followed, it is still important to have someone in your corner defending your rights. Financial problems that lead to seizure can be devastating and having the guidance and support of an expert to help you make the best decisions is essential.

For more information or to discuss your financial issues with someone who understands, contact the Law Offices of Robert M. Geller at 813.254.5696.

Archive

Video Testimonials

Tampa Bankruptcy Law Blog

5 Common Budgeting Mistakes Newlyweds Make and How to Avoid Them

Budgeting mistakes are common, especially when you’re young. Not all newlyweds are young adults, but many first-time marriages do involve...
Read More

When Should Married Couples File for Bankruptcy Together?

There's no easy answer to the question of timing when it comes to bankruptcy. In some cases, it may make...
Read More

Can Your Spouses Debt Force You Into Bankruptcy?

If you're married and your spouse has a lot of debt, you may be wondering if that debt can force...
Read More

Do You Need a Bankruptcy Attorney If You’re Divorcing with Financial Problems?

Divorce and bankruptcies are more common than many people realize. Financial problems make a stressful transition even more difficult. If...
Read More

Can You File Bankruptcy without Your Spouse?

Filing for bankruptcy is a decision that should not be taken lightly. It can affect your financial life and the...
Read More

How Seniors Can Avoid Bankruptcy

Seniors are at a high risk of bankruptcy, but there are ways to avoid it. What do you need to...
Read More

What Happens If I Own Too Many Assets to File for Chapter 7?

Does hiding assets in bankruptcy protect them from your creditors? If you own too many assets to qualify for Chapter...
Read More

How to Find the Best Lawyer for Filing for Bankruptcy after Retirement

Many retirees decide to file for bankruptcy as a way to get a fresh start. But finding the right lawyer...
Read More

Does Declaring Bankruptcy Affect My Retirement Savings?

When you're struggling with debt, the thought of bankruptcy might cross your mind. But what would that mean for your...
Read More

Is a Reverse Mortgage Right for Me?

Reverse mortgages in Florida are loans that allow homeowners 62 and older to borrow against the equity in their homes....
Read More

Bankruptcy

For The Next 5 Days GET A FREE BOOK About Bankruptcy

Learn More

Infographics

We are A Debt Relief Agency.
We help people file for bankruptcy under the Bankruptcy Code

Pay Online Bankruptcy Courses Newsletter Subscription

NACBA Logo avvo1 avvo2 avvo3 LEA BBB Logo

Call For A Free Initial Consultation

813.254.5696

Tampa Office

Law Offices of Robert M. Geller, P.A.
807 West Azeele Street
Tampa, FL 33606
T: (813) 254-5696
T: (800) 853-7549
F: (813) 253-3405

Map And Directions

St. Petersburg Office

Law Offices of Robert M. Geller, P.A.
125 5th Street South
(Wells Fargo Financial Center)
2nd Floor, Suite G
St. Petersburg, FL 33701
T: (727) 532-3939

Map And Directions

Pasco Office

23526 State Road 54
Lutz, FL 33559
T: (813) 336-2320

Map And Directions