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    airinc's Avatar
    airinc Posts: 1, Reputation: 1
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    #1

    Mar 16, 2008, 08:32 AM
    Owner's Rights In Real Estate Foreclosure
    What rights do an owner have to property, attached and loose, on and within, a property that it is known to be foreclosed on. i.e. can an owner retrieve not only items that are loose and personal, but items installed such as ceiling fans, microwave oven, window air conditioner, etc.
    Dr D's Avatar
    Dr D Posts: 698, Reputation: 127
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    #2

    Mar 16, 2008, 08:52 AM
    I believe that you are only allowed to remove any "PERSONAL" property. Items which are considered "REAL" property must remain. The following verbiage is found in a Deed Of Trust: "(Property Address)... TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument." This seems pretty cut and dried.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Mar 16, 2008, 09:01 AM
    A ceiling fan is an improvement. A built in microwave is an improvement, but a counter top one isn't. Just as a through the wall A/C is an improvement but a window A/C isn't. So I would say you could take the window A/C and a countertop microwave.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Mar 16, 2008, 09:28 AM
    First you will have had notice upon notice to move prior to a foreclosure, and then after the foreclosure they will do a formal eviction, *** normally if you have not already moved they send officers out to set your things to the curb.

    So why are there still things in the house after you have lost ownership??

    But you can not take the ceiling fan, can not take anything built in

    If you really wanted anything, before you lost ownership was when you were to take it. If you take if after you are no longer the owner, it can be theft.

    Now I have bought foreclosed property where the owners prior to losing the house, took out fans, even the central air unit.
    I get to buy the house real real cheap, and then the bank sues the previous owner for all of their loses. So the old owner is getting me a deal and they end up paying for it after the bank sues them.

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