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pgeistman · Apr 23, 2009, 11:26 AM

We are buying a home in Santa Rosa, Florida. The bank has foreclosed on the owner. All furniture is still in the home. The listing said all furniture with home. However the owner still has rights to his furniture what can we do to where the owner cannot come a few months later and pick up all the furniture.

ScottGem · Apr 23, 2009, 11:39 AM

What makes you think the owner has rights to the furniture? The bank couldn't advertise it as furnished if they didn't have the right to sell it that way.

I would just make sure that the bank gives you a written statement that they are entitled to sell the furnishings.

Krazi · Apr 23, 2009, 11:45 AM

Have you looked at the house? Does it actually have a couch etc.. etc.. etc.
Some say house is furnished but it just means
Refrig, oven, over the top range and dishwasher and those do come w/ a house.

Another thing, did the previous owner abandon the house and how long has he/she been gone and not paid his mortgage?

A lot of questions and pending on your answers a better reply can be made. What has the agent provided info wise?

pgeistman · Apr 23, 2009, 11:52 AM

It has all the bedroom furniture, dishes, living room set, its completely furnished. It was a foreclosure six months ago. The bank has no title to the furniture and they went back to the owner and asked him to sign a waiver and he said no.

The bank has another foreclosure on this same person and the people that bought it has heard nothing from the owner about picking up furniture. However I don't want to take that risk.

pgeistman · Apr 23, 2009, 11:55 AM

Originally Posted by ScottGem

What makes you think the owner has rights to the furniture? The bank couldn't advertise it as furnished if they didn't have the right to sell it that way.

I would just make sure that the bank gives you a written statement that they are entitled to sell the furnishings.

The banks has not title to the furniture and they have asked the owner to sign a release and he said no. The bank has sold another property this guy got closed out on and he has never went and picked the furniture up. I will not take a risk. I have asked the bank to put up Escrow for the furniture.

ScottGem · Apr 23, 2009, 11:57 AM

In that case, I would suggest that you tell the bank to remove the furniture prior to your taking possession of the property. Without a statement from the bank that they have the right to sell the furnishings you are opening yourself for problems. The bank could still get title to the furnishings through a court order, but unless they can provide legal title, they should remove the furnishings.

pgeistman · Apr 23, 2009, 12:05 PM

I agree... or as I have said to them put up 30k in escrow until you go through the proper procedures to get the furniture.

Krazi · Apr 23, 2009, 12:17 PM

The bank can claim the property only if the furniture has been left behind for 12 months after the foreclosure. Until the owner moves the furniture I'm not sure if the bank can sale it, removal w/o consent by previous owner is vey illegal.

pgeistman · Apr 23, 2009, 12:23 PM

The bank will sell it to us and plans to with the furniture. The issue is what if the previous owner comes. The 12 month foreclosure... does that apply to Florida laws... Are you an attorney?

Krazi · Apr 23, 2009, 12:29 PM

No, but the law is pretty common and in some states it doesn't have to be a year. If you leave property behind and a year goes by the person who got stuck with said property can do as he/she pleases, meaning you can trash it or sale it.

pgeistman · Apr 23, 2009, 12:31 PM

Do you know a way of finding this out for Florida. I have researched on the internet, but found nothing so for.

Krazi · Apr 23, 2009, 12:38 PM

I found this site... look it over and you might find some answers.

Florida Residential Real Estate Law
Florida Residential Real Estate Law

pgeistman · Apr 23, 2009, 12:49 PM

Thanks, but there was no answer in there. I appriciate your help.

AK lawyer · Apr 23, 2009, 01:12 PM

Evidently the furniture has been abandoned, but the risks associated with that determination should lie with the bank. The bank should agree to defend and hold you harmless should the former owner come back and ask for the furniture. What is the former owner going to do if you simply say "the bank sold it to me. Take it up with them."?

Krazi · Apr 23, 2009, 02:28 PM

Originally Posted by AK lawyer

Evidently the furniture has been abandoned, but the risks associated with that determination should lie with the bank. The bank should agree to defend and hold you harmless should the former owner come back and ask for the furniture. What is the former owner going to do if you simply say "the bank sold it to me. Take it up with them."?

Lmao!

Well... there you go.

ScottGem · Apr 23, 2009, 04:13 PM

What AK is saying is basically what I said. The bank needs to guarantee that you won't have trouble about the furniture. They need to either guarantee they have the right to include the furniture or indemnify you if the owner tries to recover it.

Fr_Chuck · Apr 23, 2009, 05:28 PM

Actually what is more common at a foreclosure is a eviction where they sit the property out on the street.

A new owner of the property would have to evict the prior tenant and have the property removed as a eviction.

excon · Apr 25, 2009, 08:05 AM

Originally Posted by pgeistman

All furniture is still in the home. The listing said all furniture with home. However the owner still has rights to his furniture

Hello p:

You are either buying the furniture or you are NOT. If you are, and it appears that you are, the furniture will be listed in the closing documents. Therefore, if you buy it, the furniture will be yours.

excon