That period of time between the foreclosure process and the listing of the property for sale buy the mortgager is technically in legal terms an 'abandonment'. When the mortgager commences the foreclosure action in accordance with the agreement between the mortgagee (owner) and the mortgagor (bank) the bank does not 'own' the property at that time. The bank is merely starting the process of taking ownership. Each state has its own rules but usually the property has to be vacant. It cannot have the mortgagee inhabiting the property nor can it be in a rental/occupied status. The mortagee has to be in arrears of payment to the extent the contract states or has outright abandoned the property. The bank presents this to a judge and requests a transfer of title to the bank at which point the bank then can sell the propert as the owner. This process may take as much as a year or more. Thats why you see properties that appear abandoned for months before a real estate sign is posted. The banks dont want to spend as little money as possible on the property so they do the minimums which is insure the property from hazards, pay the taxes and due minimum landscape work to the extent it prevents being ticketed through local ordinances. So, what I'm saying here is the 'legal' owner of the property resides with the mortgagee until the bank, through the courts, has the property retitled in their name as the owner. As far as I know that process is basically the same in every state. Asking the banks for permission during this 'abandonment' period before, before being listed for sale, may not be the legally correct thing to do. If you know the property owner or can find out who it is, a note from them should surfice. Technically, legally the property is still theirs until the title/deed transfer to the bank is made.
