Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Things That Stay In The House In Foreclosure

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  • #16
    Originally posted by Lilyat108x View Post
    I don't want to get an eviction notice for leaving the refrigerator and stove here.
    Your eviction question is confusing. If you leave the ref. and stove, and move out, where does eviction come in if you are not living there to evict?


    • #17
      I'm not advocating that the OP take anything she shouldn't. But if stuff is missing from the house, how can the bank prove the homeowner did it, vs vandals? My mother lives in an inner city neighborhood with an extremely high number of foreclosures. Easily half the houses in her street have been foreclosed on. She's seen many vacant houses on her street get stripped bare by vandals, after the owners moved out. I'm sure that's not unique to her neighborhood.


      • #18
        I think if you leave your personal property behind after foreclosure, you can be served with an eviction.


        • #19
          This link is in CA but I think it could be applied to other states.


          • #20
            Originally posted by nioka View Post
            This link is in CA but I think it could be applied to other states.

            The parts under the heading "personal property vs. fixtures" and "during foreclosure" apply to other states, but people in other states need to be careful about relying on the rest of it. Florida is a judicial foreclosure state. I posted a link within the last couple of days in another thread that suggested a new owner can get somebody out of the house a lot more quickly after foreclosure because possession is usually covered in the order for foreclosure. An unlawful detainer proceeding would not be necessary like it would be in California. The laws about personal property left in a foreclosed home may also vary by state.
            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!


            • #21
              Our auction was yesterday. We have removed ceiling fans, drawer knobs (which we purchased after we bought the home), all appliances, all landscaping that didn't come with the house, front screen door, and hardwood floors. We were told that anything that came with the house stays. All our upgrades have been removed.
              Filed Chapter 7: 3-22-08
              341 Meeting: 5-15-08 It went great!!!
              Last day for objections: 7-14-08
              Discharged and Closed: 7-21-08


              • #22
                I'm still unsure what to leave in the house. When I bought the newly built house (inventory home) it had all the appliances included: refrigerator, built-in dishwaser, washer, dryer, above stove microwave, and plug-in stove/range. I have bought a new washer and dryer because the old ones broke. I plan on taking the washer and dryer to my new place. It is obvious the dishwasher and microwave are built-in and those two items should stay with the house. But I am confused about the frig and plug-in stove/range because they are what I think what is called freestanding and I think that means I take or sell them. However, being an inventory home I don't know if my thinking is wrong. The HOA is foreclosing in a few days before the bank. Anything can happen to those appliances if I left them behind. My attorney told me I could sell the appliances I am questioning as long as it is before the sale date.


                • #23
                  Anything which is freestanding--such as a clothes washer, clothes dryer, refrigerator, or stove is considered personal property and not a fixture of the building. Thus, you are free to keep or sell those items before vacating the house.


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