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-   -   Foreclosure proceedings (https://www.askmehelpdesk.com/showthread.php?t=199651)

  • Mar 28, 2008, 11:47 AM
    acp2001
    Foreclosure proceedings
    I am faced with foreclosure due to the appraisal being low in my effort to re-finance an interest only loan.

    My question is: what am I allowed to take with me before they come and sell the house at public auction?

    I would like to remove all the applicancies, like the stove, dishwasher, kitchen and bathroom sinks, light fixtures, water heater, toilets, etc. before I leave.

    I bought the refrigerator and washing/drying machine before we moved in, but all of these others were included in the new house when we moved in.

    Are they mine? Can I take them with me?

    I don't want to be forced to pay for replacing them after I remove them.

    Will wait for your reply... Thank you.

    acp2001
  • Mar 28, 2008, 02:17 PM
    progunr
    I was able to locate the following information. It is not from a lawyer, so, take it for what it may be worth, and perhaps do some more research before you grab the hammer.

    1. The Method of attachment. If it permanently attached and cannot be removed without
    Damaging the building, it is a fixture. Example, a television set can be unplugged and removed
    But a roof-top antenna that is bolted or screwed to the roof is included in the sale.

    2. Adaptability for use with the property. When an item is specially built into the structure,
    Such as a dishwasher or stove, it becomes a fixture. Likewise a portable dishwasher or free
    Standing range is not.

    3. Intention of the parties. What is the intent of the parties involved. If in a sale, the seller
    Specifically states, "This dining room chandelier is not included." and this information is made
    Known to the buyer before an offer is made, even though it is permanently attached and would be
    Considered a fixture, it is not included in the sale.

    4. Agreement of the parties. Most real estate contracts spell out what is included and the parties
    Can agree to this list. Even though some may not be fixtures they are included in the sales price
    And sale.

    5. Relationship of the parties. If the four tests above fail and it goes to litigation and court,
    Generally the courts will favor (a) buyer over seller, (b) tenant over landlord, and (c) lender over
    Borrower.

    Exceptions to the rules. Exceptions to these rules apply to business and trade fixtures and the
    Owner is allowed to remove business or trade equipment which was permanently attached and the
    Property (building) is restored to its previous condition.

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