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Could they sell items 'from the house' if going into foreclosure???

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    Could they sell items 'from the house' if going into foreclosure???

    A few have told this couple to sell the new A/C unit (just remove it from the base outside) and the nice new screen door from the front of the house, before the bank takes it over. Is this a big deal? Doesn't this 'stuff' still belong to them? The couple feels that's wrong and because the house was listed as 'for sale' with the A/C and door, that it needs to stay. But couldn't the house technically be gutted out (sell blinds, etc) if they wanted to? Not that they would go that far, but they should at least try to sell the A/C unit, because this is part of the 2nd mortgage, and then maybe hang onto that $ and use it to file or show it to the trustee from the sale of the A/C unit, if and when they do file.

    Think about it though...water heater...cabinet doors... vanity....

    Most foreclosed homes are TRASHED (we see it all the time out here) and this house is brand new & neat and clean. I say we mess it up a little bit. LOL jk...

    Craigslist could come in real handy!

    #2
    Advise them NOT to do that. It will increase their deficiency balance, and the bank could come after them for that. From what I understand, the appliances or anything that is not nailed/screwed/attached could be taken out.

    Comment


      #3
      I agree with hereforinfo. Vacators should never "rip" out any items that are attached...this includes the A/C unit. No items, such as cabinets, water heaters, furnaces, sinks, faucets, toilets, countertops, windows, doors (interior and exterior) light fixtures, carpeting and flooring should NEVER be removed. This is considered destruction of the property, and yes, the previous owners could be held liable for the damages. The home should have all of items it normally would have if it was a normal real estate sale. Light fixtures may not raise too many eyebrows though.

      Items such as appliances (excl. the dishwasher.....this is a built in), window treatments and rods and shelving units can be taken. The vacators could probably get away with removing the dishwasher though because this is a small, insugnificant item and is easily replaced.

      I would advise the couple you're speaking of to the leave the home in good condition.
      Bankruptcy History:
      Chapter 7 filed - 10/12/2005 - Asset
      Discharged - 02/16/2006
      Case Closed - 11/08/2007

      A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

      All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

      Comment


        #4
        What about a hot tub? When we moved into our home, the hot tub was yucky and old so my DH replaced it with a top-of-the-line $10K model that we paid with CASH we earned selling another home (it was not on credit or from a HELOC) and after my DH lost his job and with house values going down, we walked from the home, we decided to sell the hot tub.

        The only other appliance we took was our washing machine but that was OUR machine that we had even before owning that house.

        Are either of these cases where the bank can come after us? Neither of these items were part of the home when we bought them.

        Comment


          #5
          I do not believe a hot tub would be cause for concern. As I menitoned, appliances are usually never a problem.
          Bankruptcy History:
          Chapter 7 filed - 10/12/2005 - Asset
          Discharged - 02/16/2006
          Case Closed - 11/08/2007

          A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

          All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

          Comment

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