Taking 'property' form house when leaving

[boomerkae]

We are surrendering our house as part of our Ch7 case. We have not yet seen a letter of intent to foreclose but are getting letters asking our intent to keep the house as they are calling it vacant.

We have all of our things out of the house now, but are wondering about our shed. We need one at the new place, and it is amazingly cheaper to move the one at the house that is foreclosing rather than buy a new one. Can we take our shed?

[ryan]

(Check this out with a local lawyer before taking action on it)
My understanding has been that until the sheriffs sale, you still own the property and its contents....so removal of a washer/dryer or other items would be ok...a SHED, if its personal property, just sits on the ground, should be ok then, as well.

[tobee43]

take the shed, the spa, and whatever isn't nailed down since it is yours. we left our sheds but really should have sold them for our moving expenses. wish we had. we sold as much as we could for our move and donated a tons of things and got receipts so we could use the donations against our taxes, since remember, you no longer have mortgage interest nor taxes to deduct any longer. so it's good if you can donate some and make certain you get receipts!

best of luck!

[Bkassets]

Check to make sure your shed isn't listed as an improvement on the assessor's website before you take it. If the shed is listed and taxed, you are devaluing the property. You don't want to be responsible for repaying the estate the difference. It also wouldn't hurt to check with your trustee.

[tobee43]

Check to make sure your shed isn't listed as an improvement on the assessor's website before you take it. If the shed is listed and taxed, you are devaluing the property. You don't want to be responsible for repaying the estate the difference. It also wouldn't hurt to check with your trustee.

you might as well just sell it then and hand over the money directly to the trustee why would one do that?....while one would apply this money to your moving expenses, so it's applied to an expense and not an asset. it's like asking the fox to watch the chicken house. i know our SHEDS...big ones, were not included in the market price of our house, or it's assessment.

we had a permit with our spa etc. and sold everything...it doesn't matter. many people take their stoves, frigs....etc. and in many states it's a state law to have a "stove"...but we took ours that's for certain.

[boomerkae]

THanks everyone! I had also sent an email to my attny and paralegal staff - they said the same (suprisingly fast!), that I can take it if it's not secured to the house.

Now, I'm trying to figure out if I have to take a section of the fence out to get the shed, do I have to put the fence back up?

[tobee43]

THanks everyone! I had also sent an email to my attny and paralegal staff - they said the same (suprisingly fast!), that I can take it if it's not secured to the house.

Now, I'm trying to figure out if I have to take a section of the fence out to get the shed, do I have to put the fence back up?

i don't know your lay out, but i would just pull a section of the fence down and then drive in to load it or list it on craiglist or something if your intent is to sell it. shoot, that way who ever buys it might help you get it out. i would decide if you want the shed or the $$.

it's kinda funny you mentioned a shed...we JUST had to buy one (since we left ours at the old property and had a few large ones) and let me say this......they have gotten SO expensive!!!! we couldn't believe it. but we really need one with all our downsizing and moving to a state that most times don't have attics in their houses. we do have an attic in the gargage, but it's small, so the replacement of the shed was so needed for the lawnmower and bulky stuff for the garden and tools etc.

best of luck to you!! and keep posting during your process, it's a GREAT stress release isn't it???

[AngelinaCat]

If the shed is not attached to something such as a slab, you should be okay. I have seen sheds that were secured to a slab which serves as the floor. Others, such as the Lark or Cooks buildings are self-contained. Here in Florida, we have to have everything secured with hurricane tie-downs.

[cory1848]

My lawn shed is listed on my mortgage and property outline. Appraisal listed it as $3000 value. I wouldn't pay $300 for it. Well, maybe I would brand new. It has electricity to it for a light so can't complain. It will be staying with the house and not being sold. Not worth selling and since its on the deed, it stays.

[etechjc]

We left our house Empty, took the sheds, Appliances, Kitchen sink, bathroom sinks and vanities, Ceiling fans, Light fixtures, Sold the HVAC for $400, Sold the hot water heater for $60, Sold the Deck and playhouse that we had built earlier, We even took the sat dish down. I figure whoever buys the house is going to re-do it all, So I figured we were doing them a favor as the emptier it is the better.

I did however cap all the plumbing and generally weatherize the house.

[newbie2]

We left our house Empty, took the sheds, Appliances, Kitchen sink, bathroom sinks and vanities, Ceiling fans, Light fixtures, Sold the HVAC for $400, Sold the hot water heater for $60, Sold the Deck and playhouse that we had built earlier, We even took the sat dish down. I figure whoever buys the house is going to re-do it all, So I figured we were doing them a favor as the emptier it is the better.

I did however cap all the plumbing and generally weatherize the house.

Did your home come with the kitchen sink and bathroom sink when you bought it? How about the HVAC and water heater?

You didn't do anyone a favor. With your home missing those items you lowered the value considerably, and your neighbors will suffer for it. A home without those items cannot qualify for a mortgage (unless it's one of the rehab mortgages). I'm sure your neighbors would thank you for lowering the values of their homes even further.

[AngelinaCatHub]

We left our house Empty, took the sheds, Appliances, Kitchen sink, bathroom sinks and vanities, Ceiling fans, Light fixtures, Sold the HVAC for $400, Sold the hot water heater for $60, Sold the Deck and playhouse that we had built earlier, We even took the sat dish down. I figure whoever buys the house is going to re-do it all, So I figured we were doing them a favor as the emptier it is the better.

I did however cap all the plumbing and generally weatherize the house.

Hate to say it, but what you did is tantamount to vandalism. The rule is; if it is attached, it is an improvement to the house and by law is part of the house. Example, a washer or dryer you purchase is portable and unplugs. A dishwasher built under the cabinets is a permanent fixture. A window air conditioner is portable, a central heat and air is not. A fan if replaced with a light is a squeaker.

Taking any integral part of the plumbing or electrical is foraging. If a refrigerator purchased outside of the mortgage and is not built in, it can be removed. If included with the house at the time of purchase, it is not yours, it is part of the house.

Doing this kind of move out could have repercussions or even launch an AP. I would advise anyone if they are giving up the house, better take only your property not attached physically or legally to the house. 'Hub

EDIT: A house does not belong to you until the last payment is made, and you have a Satisfaction of Mortgage in hand. The mortgage holder has an interest in it called a lien. The house also becomes property of the BK estate if you have filed before abandoning the house.

[despritfreya]

We left our house Empty, took the sheds, Appliances, Kitchen sink, bathroom sinks and vanities, Ceiling fans, Light fixtures, Sold the HVAC for $400, Sold the hot water heater for $60, Sold the Deck and playhouse that we had built earlier, We even took the sat dish down. I figure whoever buys the house is going to re-do it all, So I figured we were doing them a favor as the emptier it is the better.

What you have done is committed the tort of "waste". Your lender or its insurance company has the right to sue you for destroying the property. In some states you have committed a crime. Better hope no one goes after you.

Quote from a recent article. . .

"What Happens to (Those) Who Strip Their Homes? According to a representative from Downey Savings and Loan, it's the insurance companies that are most likely to pursue and prosecute (those) who vandalize or strip their homes while in foreclosure. When the bank receives title to the home through foreclosure proceedings, many banks submit an insurance claim to the existing insurance company to cover damage and missing real property items. Insurance companies then actively go after the (prior owner) because the company has faced a loss due to the (prior owner’s) intentional behavior. Believe me, insurance companies are relentless, committed to collection and will prosecute to the fullest extent of the law."

And on the criminal side, you might want to Google "Man in Surprise, Arizona Arrested For Stripping Home." That’s the one I am familiar with. I am sure there are many others.

Very dangerous territory.

Des.

[AngelinaCatHub]

Waste is a term used in the law of real property to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant that damages or destroys the value of that property. A lawsuit for waste can be brought against a life tenant or lessee of a leasehold estate, either by a current landlord or by the owner of a vested future interest. The holder of an executory interest, however, has no standing to enforce an action for waste, since his future interest is not vested.

There are several different kinds of waste under the law.

http://en.wikipedia.org/wiki/Waste_%28law%29

[tobee43]

yes des, i do i want to reiterate my response to this thread.

what we took was indeed NOT attached to the house .no light fixtures or anything like that. we left the kitchen, oil burner (although brand new)...i even swept and the house was absolutely clean as could be... and washed all the floors etc. we took pictures of every room to make certain no one could get back to us and say this was ripped up or stripped. to this day, if i could have, we would have taken the shed, as it was not considered a permanent part of the structure in our township. neither was the spa we sold. anything taxable was not touched.

we did take our stove and frig, but they were old, paid for, and didn't come with the house when we purchased it, and we didn't have the money to replace them. we knew they had little or no value to anyone but us. additionally, they were NOT attached to the house.

when looking in this area to buy last year we saw stripped homes. and i mean stripped. the a/c units and ducks ripped out of the walls, the toilets, the sinks. one had the entire kitchen missing including the wall tiles. now that was destroyed! it was a mess. we saw many homes like that.