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Am I crazy? (OK, that's a given, but am I crazy FOR DOING THIS?)

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  • Am I crazy? (OK, that's a given, but am I crazy FOR DOING THIS?)

    We are in foreclosure, not underwater on first mortgage, but underwater on combined indebtedness with 2nd mortgage. Second was largely used to make improvements to the house. Sale date is this Friday, 9/30.

    We have moved out, we have removed almost everything we care to keep. There's junk left, and some yard salable stuff, but I've already done 2 yard sales. First one we took in almost $3K, the last one was under $500. I don't have it in me to do another one, we're out of time and I'm sure as heck not paying to store stuff that didn't sell in 3 days of yard sales. So it goes. Will put some of it out for Free and list on CL.

    People were trying to convince us to rip the 2007 Buderus boiler system out and sell it for $1500, etc. We were talked into selling the water softener. But after that, I felt dirty. The mortgage documents refer to the definition of property including any systems or fixtures we add to the home after executing the note.

    Real estate pro that deals in a lot of foreclosures that husband knows says til Friday it's your house take anything out and sell it that you want to. You need the money, you gotta think about yourselves. Research online says the same in some forums and that it's a dirty crime in others. So I stopped trying to analyze it on that basis and thought about how I would feel, cannibalizing the nice work I did to that property and whether I'd feel like we'd loved our neighbors as ourselves if we stripped the house and gave it reason to languish on the market after the bank takes it. I don't think I'm going to feel good doing that, so I've tilted the other direction. Going to go on Thursday morning and meet the 1-800-got-junk guys and have it cleaned out, and leave it clean. Might even shampoo the carpets.

    Am I insane? Or does treating it well and being a respectful former owner make me more likely to get treated well elsewhere in life?

    I don't expect to be treated well by the mortgage holder - they have already made it clear they don't do C4K except in short sales. But I loved this home desperately and I won't destroy it, nor will I leave it an embarrassing shambles.
    Last edited by StartinOver; 09-27-2011, 05:53 PM. Reason: clarifying what I said to be what I meant :)
    Figured out we were in trouble: (Wait, we're in trouble? ) Stopped paying creditors: Aug 2010 Filed Chap 7: Apr 29, 2011 341: Jun 1, 2011 Report of no distribution: Jun 1, 2011 Discharged Aug 2, 2011

  • #2
    I don't think you are crazy emptly the house of your personal belongings or not tearing out the boiler. I do believe what comes around goes around, but let's leave that out for a minute.

    Leaving personal property could be considered retaining possession of the property. There was a recent post about a bank filing an unlawful detainer action against somebody who moved out but left a washer and dryer behind.

    It sounds like you believe the boiler is a fixture according to the mortgage documents. If you installed a high end boiler and it would be profitable, I could see removing it and installing a standard model in its place. If the house had a heating system when you bought it, it should have one when you leave. Don't take legal advice from anybody other than an attorney, especially not from a real estate agent.

    Cleaning the carpets may be a little crazy. Anything beyond "broom clean" is overkill.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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    • #3
      Spent the day yesterday fielding visitors from a curb alert on craigslist to come get stuff. Ladies taking clothes and kitchen stuff, calling their men about some of the other things. Two of those guys came and took a mess load of metal parts from my business -- discontinued models of my products, which are assembled from formed painted metal parts. They filled a full size pickup truck, and it took them 2 hours. They will stockpile that until the metal scrap price for steel comes back up. By the end of the day, there was only trash left in the house. This morning, 1-800-got-junk came and FILLED their truck. $685 later, I still have a small amount of corrugated recycling that I can take to the transfer station myself. They took everything messy and heavy. I packed clothes in bags and threw them in one of those yellow planet clothing recycling bins. Then I vacuumed the entire house, washed out the sinks and damp mopped the kitchen floor and while I was doing it, I thought about all the lovely memories that took place in each of those rooms. I left behind materials like a hunk of the carpet in case a repair is needed, a box of the laminate flooring for the same, and cans of paint to touch up the various rooms. Special light bulbs that are hard to find for the track lighting, and that don't fit anything in my new place, etc.

      I wrote a letter to the new homeowners who will buy the foreclosed property... I let my heart out asked them to fill it with love again and then I ripped it up and threw it away. It wasn't really for the strangers who will live there next, they don't need to feel my anguish, but it felt good to write it. I loaded my car with the last few things coming home, and will be there at 7am tomorrow to grab the last of it, some nice expensive corrugated boxes my business no longer needs that I can return for credit. And then it will be over. I must try not to look back.

      The nightmare will finally be completely and utterly OVER.
      Figured out we were in trouble: (Wait, we're in trouble? ) Stopped paying creditors: Aug 2010 Filed Chap 7: Apr 29, 2011 341: Jun 1, 2011 Report of no distribution: Jun 1, 2011 Discharged Aug 2, 2011

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      • #4
        Originally posted by StartinOver View Post
        Spent the day yesterday fielding visitors from a curb alert on craigslist to come get stuff. Ladies taking clothes and kitchen stuff, calling their men about some of the other things. Two of those guys came and took a mess load of metal parts from my business -- discontinued models of my products, which are assembled from formed painted metal parts. They filled a full size pickup truck, and it took them 2 hours. They will stockpile that until the metal scrap price for steel comes back up. By the end of the day, there was only trash left in the house. This morning, 1-800-got-junk came and FILLED their truck. $685 later, I still have a small amount of corrugated recycling that I can take to the transfer station myself. They took everything messy and heavy. I packed clothes in bags and threw them in one of those yellow planet clothing recycling bins. Then I vacuumed the entire house, washed out the sinks and damp mopped the kitchen floor and while I was doing it, I thought about all the lovely memories that took place in each of those rooms. I left behind materials like a hunk of the carpet in case a repair is needed, a box of the laminate flooring for the same, and cans of paint to touch up the various rooms. Special light bulbs that are hard to find for the track lighting, and that don't fit anything in my new place, etc.

        I wrote a letter to the new homeowners who will buy the foreclosed property... I let my heart out asked them to fill it with love again and then I ripped it up and threw it away. It wasn't really for the strangers who will live there next, they don't need to feel my anguish, but it felt good to write it. I loaded my car with the last few things coming home, and will be there at 7am tomorrow to grab the last of it, some nice expensive corrugated boxes my business no longer needs that I can return for credit. And then it will be over. I must try not to look back.

        The nightmare will finally be completely and utterly OVER.
        You are a fine person. I have to lightly disagree with L in R in that you should NOT remove the high end unit. It was and is permanently attached and by most law is part of the house. Yes you could replace this and I said the same about removing of fans but replace with lights and all. Your "gut feeling" is called conscience. Even the water softener. If it cannot be unplugged, or unscrewed, or if it were purchased with the house, it belongs to the house. Whether a crook later strips the place is not relevant to your soul. You live with yourself and do the right thing in your own heart. Taking your own scrap metal I would have done rather than to give it away, but I do understand your desire to just "let it go". I wish you the best. Keep doing the "right thing" in your own heart. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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        • #5
          Wow, StartinOver you had quite the journey in short time. One of the first posts I read on here was yours - in my mind you are the "china lady".

          I wish you the best in all you do. Take a bubble bath on Saturday and let 'calgon take you away'!! {{{hugs}}}
          ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
          Not an attorney - just an opinionated woman.

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          • #6
            LOL, ValleYum, that's funny! The china is safely ensconced in my china cabinet in the dining room of our rental house.

            Unfortunately, a bubble bath, as delicious as that would be, is out of the question. We only have a tiny stand up shower in our rental house, and even in the staff housing where I stay during the days/nights I work, there is only a stand up shower available to me.

            I had an awesome deep bathtub in that house, though, and I took some lovely baths there. I will be working on Saturday, but this afternoon, before I head back there, I will take my dog for a nice long walk in the woods, on the walking trails near our new home.
            Figured out we were in trouble: (Wait, we're in trouble? ) Stopped paying creditors: Aug 2010 Filed Chap 7: Apr 29, 2011 341: Jun 1, 2011 Report of no distribution: Jun 1, 2011 Discharged Aug 2, 2011

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            • #7
              Oh, for Crying Out Loud!!! Called the power company, scheduled power off. Called the attorney representing the bank to confirm today is the sale date and let them know we've vacated. Nope, postponed til November 21. I called the Police Department and requested a regular house check on it since too many people know it's a foreclosure and that we were vacating as of today. Like it wouldn't be obvious, anyway, with no cars showing up anymore.
              Figured out we were in trouble: (Wait, we're in trouble? ) Stopped paying creditors: Aug 2010 Filed Chap 7: Apr 29, 2011 341: Jun 1, 2011 Report of no distribution: Jun 1, 2011 Discharged Aug 2, 2011

              Comment

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