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Can I remove a screen door from a house that is included in BK? Discharge date soon*

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    #16
    my take on appliances is about the condition you found the house in. If there was Stove A in the house when you bought it, then you got rid of Stove A and put in your own Stove B, then there is no argument about the existence of a stove in your house when you bought it.

    Unless there was NO STOVE in the house when you bought it, I would think you at least owe the lender A STOVE. Maybe not your dope one that you like, but at least one that heats food.....

    Also, lets say you were selling the house. Would you have the same stipulation for the next buyer. "Deal, I'll sell you this house...but I'm taking my stove". If you would have included the stove in the sale of the house, then I think 2-way-street-ology would say that the stove is part of the house when it's convenient and when its inconvenient.
    I do not provide legal advice. All I do here is give my two cents as an opinion and at least share some of the facts that I know. Attorneys can provide legal advice, so go ask them or hire one.

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      #17
      My realtor said houses sell for and are listed all the time w/o appliances. I never intended to leave appliaces in this house when I listed it and actually the only thing I had listed originally when I listed the place was the fridge and the dishwasher. Since I dropped the price by 50K I decided I was at least going to keep my dishwasher!
      My house has a bank appraisal from 3 years ago at 485K. It is on the market NOW at 259K and no bites! Wonder why I want my appliances? I am losing big time.

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        #18
        Go ahead, take it! If they put it there then why not? We added our house in the bk and it is currently going through the foreclosure process, we moved out. Told my dad to go get the new shed we just put up if he wanted it (took down the old one). Technically it's still my house I guess.

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          #19
          by no means illegal, but unethical

          Originally posted by CH33 Paralegal View Post
          as far as the other couple goes, ITS NOT THEIR HOUSE EITHER.

          If it's in F/C, then its quite obvious that they don't own the house anymore.

          Like I suggested, you should take the the door with the acceptance that you may need to pay for it in the future. Clearly communicate it with your neighbors and if they are pursued for the door, they can then defer to you.
          Not exactly true, you have to research the public records, in my state, Maryland, you "own" the house, regardless if the lender put up no trespassing signs and changed the locks, UNTIL they deed it back to the bank (and UNTIL the public records reflect a new owner, i.e the bank). You can look up public records and owner of record in live time in most jurisdictions. If you "OWN" the house regardless if it is foreclosed or not, you can do whatever you want, however unethical, it is by no means illegal to do so.

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            #20
            It's no big deal to take the washer/dryer and fridge if you bought them after moving in, especially if there wasn't either of these when you bought the place, but I think you could make the argument that even if these were replacement appliances it would still be ok to take them, since most single family homes are bought and sold without these appliances.

            A stove is a gray area (maybe not that gray). These are typically considered built-in appliances and should stay with the house. The dishwasher is attached, even if it's only 2 screws and some plumbing, so it stays.

            A screen door attached with 16 screws has become a permanent fixture and it stays. I doubt anyone cares much about a plant.

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              #21
              I would never consider taking the door, whether it's legal or not.
              Obtained attorney 4-27-2009
              Signed the bankruptcy paperwork on 6-6-2009

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