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Things That Stay In The House In Foreclosure
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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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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.
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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.
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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.Originally posted by nioka View PostThis link is in CA but I think it could be applied to other states.
http://homeguides.sfgate.com/removal...ure-55825.html
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This link is in CA but I think it could be applied to other states.
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I think if you leave your personal property behind after foreclosure, you can be served with an eviction.
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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.
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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?Originally posted by Lilyat108x View PostI don't want to get an eviction notice for leaving the refrigerator and stove here.
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If you are not taking the refrigerator then sell it. Lots of folks out there willing to buy a good used refrigerator. Advertise on craigslist for free.
In the end when I find I cannot sell anymore and time is running out I will have a local charity come in and take the remainder.
One thing I would like to mention here is that although many of us are concentrating on ourselves there are many who are worse off and need donations. One local charity where I live is a drug and alcohol rehab operating on donations and without government funding. When I first sorted my clothes in preparation for my upcoming foreclosure I donated them to this charity.
While I was there I mentioned that I had a lot of underwear I no longer wore and would be throwing those out. I was told please don't throw the underwear away as they can used any clothing item. I never thought about donating underwear but what I had was clean and serviceable.
I would just like to say that if you have the time don't just leave any items in a home you are walking away from. There are a lot of charities that would be grateful for those donations. In many cases they will send a truck and people to collect donated items.
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I don't want to get an eviction notice for leaving the refrigerator and stove here.
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Dig away! Nobody cares about plants.Originally posted by Lilyat108x View PostWhat about yard plants in my yard that I bought? They are small enough to dig up and I wouldn't mind putting them in pots to bring them with me to keep for my next house when I am able to buy one again. They are very *special* to me. On the other hand, maybe I could sell them as I could use the money.
If I leave the refrigerator here, will they/could they do an eviction on me? I don't want to take the refrigerator with me because apartments usually have them.
Not sure what you mean by leaving the fridge could they evict you?????
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What about yard plants in my yard that I bought? They are small enough to dig up and I wouldn't mind putting them in pots to bring them with me to keep for my next house when I am able to buy one again. They are very *special* to me. On the other hand, maybe I could sell them as I could use the money.
If I leave the refrigerator here, will they/could they do an eviction on me? I don't want to take the refrigerator with me because apartments usually have them.
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In many cases an electric stove/range and dishwasher are also plug-in items.
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We sold our refrigerator and washer and dryer (only because the rental we were going to already had them). Hindsight being 20/20 I would have also sold the stove. Aside from those items the house was left just as we bought it.
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