Foreclosure...can we keep appliances we upgraded?

[spooby72]

My wife and I will be going into foreclosure soon...question is if we can keep our refrigerator, range and dishwasher. We had this home built in a new neighborhood that had an appliance allowance included in the price of the home. We paid a lot of money to upgrade from the standard appliances and was wondering if we can keep these and take them with us?

[SinkingFast]

Depends on how the note and associated paperwork read on the construction of your home.

Also depends on if the appliances are built in's or not. If built in, you'll definitely have to leave them. Like an in counter cooktop or a wall unit oven type thing as opposed to a free standing range/stove.

If the builder detailed about the upgrades in the paperwork, you'll probably have to leave them behind. As the appliances were a factor in the initial appraisal done on your home with the lender.

If the appliances are not detailed in the construction paperwork, you may have a case for taking them with you.

As always, best to ask an attny this question. They will know for sure. Make several Consult appts with several attnys. You'll get different opinions from each one and learn different things with each visit.

[Minnymouth]

If the appliances were not listed exempt in your bankrutpcy, they will go with the home in foreclosure................ especially if they were part of the building process (whether you upgraded of not).......

Minny

[aa06a47]

Generally, stove and dishwasher are a part of the home, and cannot be moved. Refridgerators are generally not considered part of the home, however, if your mortgage company financed them, they belong with the house. Sorry, probably not the answer you wanted.

[SinkingFast]

Actually,............. Having owned homes in different states, we learned that different rules apply depending on where you are geographically. With appliances and buying homes, that is.

One State, no kitchen appliances were included. We provided our own in that house. That's just the way it was there. If the sellers were leaving kitchen appliances behind and the appliances were decently new or nicer quality, it was a big selling feature.

Next State, the rule was stove and dishwasher stayed for sure. Fridge too if the appliances were "color coordinated".

Next State, stove and dishwasher stayed, but not the fridge. In our case, the fridge was color coordinated in the house we were selling so we had to leave it behind. The fridge in the new house was color coordinated to the kitchen in the house we were buying. We had to make a seperate deal with the seller about the fridge that was in the house we were buying to get to keep it.

Odd. Different geographic locations, different rules.

[spooby72]

hmmm

The house came with a stove and dishwasher allowance. The fridge was up to us to buy.

I am thinking that taking the stove and dishwasher, that we spent $1,000 upgrading with cash, might mess up any kind of cash-for-keys scenario with the lender. They might not enjoy the final inspection seeing that the appliances are gone...

Will probably take the fridge though...