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RainMoM 07-13-2009, 06:02 AM I took my appliances when i moved out of my home.. I'm surrendering the house in my bk. Reason why is i upgraded my stove and dishwasher, when i bought the house , it didn't even come with a fridge . Can they sue me for taking those items, even tho they are not built in so to speak; I'm still able to get inside of the house.. they haven't put a lock on it yet. (Hope this makes since) When i get stressed out my mind tends to shut off and I can't type worth a crap ! if they do sue me, will the house still be discharged in my bk ??
OhioFiler 07-13-2009, 06:11 AM I wouldn't worry about it.
RainMoM 07-13-2009, 06:14 AM Are you sure ?????
OhioFiler 07-13-2009, 06:49 AM I wouldn't worry about it. You are welcome to if you so desire.
It's done forget about it. Nothing bad is going to happen. Did you go through the house damaging doors and putting holes in the walls? Did you turn the water on and jet the sink overflow?
If you just walked away with what you thought was yours you have nothing to be concerned about.
RainMoM 07-13-2009, 07:13 AM No i did not do any damage to the house, or leave the water on for that matter.. i just took what i thought belonged to me, things that i bought and paid for. I just want to make sure so i can get this over with and move on with my life..
Ifonly 07-13-2009, 07:21 AM I stressed to my lawyer about the fact that I didn't scrub the bathrooms or shampoo the rugs when I left and he told me that I was a good person for worrying but that I had no idea what some people did to their foreclosed homes. He said not to stress over some dog hair and toothpaste stains. We were also mid-renovation on a bathroom and we didn't finish painting one section or putting down the new floor because I figured, "what if the new owner wants ceramic tile? What if they hate the color?" Then my time and energy is pointless. I left the vinyl tile we bought and the paint on the floor in the bathroom - the mortgage company will probably throw it out. And I definitely didn't stress about the appliances. Whoever gets my house will know they're buying a foreclosure on the cheap and they'll probably be able to redo half of what I worried about anyway. I'm moving on.
RainMoM 07-13-2009, 07:41 AM I stressed to my lawyer about the fact that I didn't scrub the bathrooms or shampoo the rugs when I left and he told me that I was a good person for worrying but that I had no idea what some people did to their foreclosed homes. He said not to stress over some dog hair and toothpaste stains. We were also mid-renovation on a bathroom and we didn't finish painting one section or putting down the new floor because I figured, "what if the new owner wants ceramic tile? What if they hate the color?" Then my time and energy is pointless. I left the vinyl tile we bought and the paint on the floor in the bathroom - the mortgage company will probably throw it out. And I definitely didn't stress about the appliances. Whoever gets my house will know they're buying a foreclosure on the cheap and they'll probably be able to redo half of what I worried about anyway. I'm moving on. So i take it you took your kitchen appliances as well ??
All Cash 07-14-2009, 07:06 PM IF your losing your home and it's still titled in your name. Strip it clean. You can get a lot of money from small GC's that buy copper pipes, and anything that is not bolted down.
hereforinfo 07-14-2009, 09:58 PM IF your losing your home and it's still titled in your name. Strip it clean. You can get a lot of money from small GC's that buy copper pipes, and anything that is not bolted down.
Yeah, and then walk outside and get hit by the kharma bus.
Generally, fixtures or anything that is installed, attached, nailed, screwed, glued, planted, etc. is considered part of the property. The mortgage is secured by this property which includes all of these installed contents. By removing part of the property, you could be prosecuted for defrauding a secured creditor, which is a felony. Technically, you may not be stealing at the time you remove the items if the deed is still in your name, but once the bank completes the foreclosure and determines that items considered to be part of the property are missing, you could be in a lot of trouble.
If the damage is bad enough, the bank may file an insurance claim and your own insurance company will then go after you for damages.
Aside from the fact that it's ILLEGAL, it's also unethical. Stripping the home devalues it and all the surrounding homes.
Just because you CAN do something, doesn't mean you should.
hereforinfo 07-14-2009, 10:09 PM oops, double post.
AngelinaCatHub 07-15-2009, 03:40 AM IF your losing your home and it's still titled in your name. Strip it clean. You can get a lot of money from small GC's that buy copper pipes, and anything that is not bolted down.
THIS IS A BIG NO, NO!!
Any appliance that was purchased with the house and came with the house belongs with the house. Any appliance built in attached or added to is part of the house legally. If you purchased the fridge yourself, washer, dryer, that is plugged in and portable, then you may take it. If it was a package deal, it is theft as your intent is to give up the house. If the house was free and clear, as long as codes allowed you, you could burn it down if you wished, but it is not completely yours as long as there is a lien on it. A Mortgage is a lien. If you go into the walls and start scrapping out copper, wire, plumbing and built in air conditioning, you could get some jail time as well as the Trustee would make you pay it back or fix the place.
Even if the appliances are yours (you purchased them outside of the house package) and you remove them, when you bk, they belong to your estate and you must list them. Please use some logic when you get a reply like the one I am adding to. 'Hub
AngelinaCat 07-15-2009, 04:11 AM RainMom, I sent you a PM on Monday and also followed your posts on this subject in a similar thread.
All Cash: I sincerely hope your post is intended to be funny. If not, it seriously borders on violating one of the forum rules that all members agree to by signing up:
• All BF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.
If you did not read the rules when you signed up, now would be a good opportunity to do so:
http://www.bkforum.com/announcement.php?f=6
Thank you for your attention to this matter.
frogger 07-15-2009, 04:27 AM IF your losing your home and it's still titled in your name. Strip it clean. You can get a lot of money from small GC's that buy copper pipes, and anything that is not bolted down.
Wow! This is normally what the crack-heads and meth-heads do after a home is vacant. Not by the homeowner.........
Don't fret not shampooing the carpet, touching up the paint, or any of the small stuff. I've seen many foreclosed homes and probably 1/2 of them are destroyed, either by the homeowner "showing the man", or the crack-heads that created thousands of dollars of damage in order to get $10.00 at the recycle center.
The bank will be more than happy to get the home back in a half way decent condition.
And as to the appliances, the dishwasher was attached. In my opinion, it should have not been removed under any condition.
StartingOver08 07-15-2009, 04:35 AM I show a lot of bank owned property too (every day as I'm a Realtor). We are finding that many homes are stripped by the 'clean up' crews contracted by the bank to clean out the property. Apparently some of their contracts (between the clean up company and the bank) allow them to remove appliances, hurricane shutters, and even countertops! Of course it devalues the property and makes it more difficult to sell.
I am in no way advocating taking anything from the property that is a fixture. I am commenting that it is not always the homeowner, or local vandals. Sometimes it is the banks own contractors....:(
OhioFiler 07-15-2009, 06:34 AM I show a lot of bank owned property too (every day as I'm a Realtor). We are finding that many homes are stripped by the 'clean up' crews contracted by the bank to clean out the property. Apparently some of their contracts (between the clean up company and the bank) allow them to remove appliances, hurricane shutters, and even countertops! Of course it devalues the property and makes it more difficult to sell.
I am in no way advocating taking anything from the property that is a fixture. I am commenting that it is not always the homeowner, or local vandals. Sometimes it is the banks own contractors....:(
This is absolutely absurd! How is is they can get away with this? I would think it prudent for a homeowner to video record the home when they move out to have proof they left the place intact.
AngelinaCatHub 07-15-2009, 07:05 AM I show a lot of bank owned property too (every day as I'm a Realtor). We are finding that many homes are stripped by the 'clean up' crews contracted by the bank to clean out the property. Apparently some of their contracts (between the clean up company and the bank) allow them to remove appliances, hurricane shutters, and even countertops! Of course it devalues the property and makes it more difficult to sell. Boy that sure does not make sense.
I am in no way advocating taking anything from the property that is a fixture. I am commenting that it is not always the homeowner, or local vandals. Sometimes it is the banks own contractors....:This may be true, but it does not make it right. (
Startingover08, this is odd that they would do this, but here is a difference. Once the property falls into the hands of the bank, it belongs to the bank and for whatever purpose they have in giving property away and devaluing their own real estate, I guess is their business.
It is dangerous for you or I to do this as some bank could not favor that procedure and take a debtor to task and the prosecution would be outside of the bk and non discharged. It is a sad comment though to have anyone tell another to do something that is morally wrong as all good common sense says that to scrap out a building that they are abandoning does not mean the materials would be theirs to sell.
Here is a possible exclusion. By rights and law, even a ceiling fan that you buy and hang, belongs as a permanent fixture. It would probably be excluded in the event the original or replacement light would replace a reclaimed fan. Leaving a gaping hole and exposed wires is a no-no.
A built in dishwasher or overhead microwave are part of the house no matter who puts it in as an addition. Some houses are sold with a range and refrigerator in the price of the home, some are not. Those that are, are permanent fixtures of that real estate. Those that are not can be removed. It all depends on what the paperwork states. To "get away" with copping something known to not be your property, would say a lot about that person's character.
It is my opinion that until the house is taken over by the bank, the debtor should maintain insurance and to their best ability protect the property. Take pictures of all rooms as the house has been left upon vacating. Same with turning over vehicles. Best to be safe, especially when you are dealing with a Federal Court system. 'Hub
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