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Can I remove a screen door from a house that is included in BK? Discharge date soon*

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    Can I remove a screen door from a house that is included in BK? Discharge date soon*

    Ok, I bet this question has never been asked before! A couple 'that I know' (I've been posting over the year regarding 'them') was going to foreclose on their home. Then the talk was ch 7 due to other debt, plus they had a 2nd mort. on this house. They actually went pretty far into the process of BK before I even heard that the home was included in BK. Duh...should have known that. But in my defense, that is what I was being told.

    I wanted to do this months ago, but even when the house was in the foreclosure process, this couple didn't want to risk their ch 7, by removing things from the house. Are people able to live in their house until the BK is final? I've heard it can take 6 mos. for the bank to get someone out though. Just a question....not that it matters now.

    Conversation would often dwell on the fact that a new A/C unit sat outside (it is attached to furnace in garage though, so not a cinch to uninstall) and a new screen door...it's a nice door with the retractable screen. This couple heard many times from someone else, that they should have taken the A/C unit. I kept on telling them to sell it. Assuming the trustee wouldn't look back on less than $5K. I think there could have been time. The foreclosure to BK dragged out long enough, where if they played their cards right, and in this economy, just sold what they could out of this house (like everyone else does!) But they wanted to be NICE, to a potential BUYER. Back in 2008, there were no buyers. (we bought though...)

    So FF to now and the house was included in the BK. The discharge date is in about a week, maybe less. The only thing that is keeping the screen door on this house is the 16 screws. I counted today. We've been told to go ahead and take the door. But then the couple is also unsure. Guess the atty could be asked? But it sounds petty. This couple did put up NO TRESPASSING signs (the neighborhood had issues) on this house when the moved out (during foreclosure process) and the BANK did change the locks (main door). The screen door is just there, unlocked, shiny and white, and ......calling my name.

    Maybe we should take down the NO trespassing signs, then take the door, and there is also a plant out front that I want. Happy memories and it's grown nicely. It's a perinneal.

    The door is valued at $250?

    I do not care to get arrested. I wonder if the bank even has a screen door listed? I am sure they have a picture of the house. It is an accessory to this house. And I am sure they still have the receipt on this door. It was purchased months after the closing date on the house, so it was not included at the time of sale.

    Thanks for your help!
    Last edited by moneytree; 06-02-2009, 12:35 AM.

    #2
    I am by no means telling you that you can... but my lawyer told me I could take my washer and dryer out of my condo. I really like them.

    So, I guess its not unheard of.
    BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
    Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

    Comment


      #3
      usually...if it is BOLTED, SCREWED, NAILED, or GLUED to the house, it is a permanant fixture therefore it would be theft to take it....Seriously though....if it is a $250 door....go to Home Depot and buy a new one......that is the right thing to do.......just my $.02....
      Filed Chapter 7 June 5th,2009
      341 Scheduled July 9th, 2009
      60 day club memeber and counting.......
      Last day for Objections Sept 10,2009...

      Comment


        #4
        Originally posted by canusaybroke View Post
        usually...if it is BOLTED, SCREWED, NAILED, or GLUED to the house, it is a permanant fixture therefore it would be theft to take it....Seriously though....if it is a $250 door....go to Home Depot and buy a new one......that is the right thing to do.......just my $.02....
        Exactly. If you take that door, it is theft.

        In our area, most people take the refrigerator and the stove (provided it is not a built in). You can't take the dishwasher (attached), or the ceiling fans, screen doors, etc.

        If you remove the no tresspassing signs, that is theft. Removal of the plant is theft, etc.
        All information contained in this post is for informational and amusement purposes only.
        Bankruptcy is a process, not an event.......

        Comment


          #5
          So, what you guys and gals are saying, is that I should cancel my contractor sales?

          I was just going to sit at the front door and collect money as the contractors took stuff out. I would tell them if you can unhook it you can buy it. Toilet, cabinets, Dishwasher, lights, fans, doors, knobs, outlet covers, and carpet. Basically anything not structural.

          By the way, I was joking, but don't think the thought didn't cross my mind.

          Comment


            #6
            so you want to take a door off a F/C'd house that wasn't yours?

            Well, I guess it's only stealing if you get caught, but I think that the line is pretty distinct there that regardless of the status of the house, you have no real right to the door in any legal sense and if some sort of issue arose from that action, it would be pretty obvious that you'd be in the wrong.

            How about if you take it, let the homeowners know, and then if the creditor pursues the door from the original owners, they can just get at you to pay for the door.
            I do not provide legal advice. All I do here is give my two cents as an opinion and at least share some of the facts that I know. Attorneys can provide legal advice, so go ask them or hire one.

            Comment


              #7
              Why not just drive down the road and look for a nicer screen door with fewer screws and take it?
              I'm sure the owner of another house won't mind, and you wouldn't have to worry about trespassing signs.

              Hey, I learned it here, it's unethical. Are you seriously asking this.

              Comment


                #8
                Sellers on CL are selling entire rooms (like kitchens)- cabinets, sinks, faucets, appliances etc an entire kitchen all for one price. That's the usual starting listing anyway- if it doesn't sell as an entire unit then they start breaking it down into cabinets one price, appliances (matching refrig, stove, dishwasher as one price, etc. As moving day approaches the fire sale prices happen and they will take quick bucks to get something for the stuff still in the house. Same applies in the bathroom. I saw a high end whirlpool tub for $50 on a moving day listing last week. It had even been removed and was sitting in the front yard for the photos. The rules about nailed down, screwed in, etc are not applying here. Not condoning these sales but explaining that not everywhere are those rules applying.
                Ch 7 filed: 3/30
                341: 5/12
                Discharged and Closed 7/20: Now known as- Free Willy

                Comment


                  #9
                  Tinfoilhat: You misread...

                  Very very funny though. You completely missed my point about the couple allowing us to take the door if we wanted it (they thought about it....I kept on saying, they should, but their new house door opens on the other side and just easier to buy a new door...rather than leave marks) This is way TMI, but I felt like I needed to explain that.

                  I did write in my original post:

                  We've been told to go ahead and take the door. But then the couple is also unsure.

                  In regards to the poster above me, it does not surprise me. One day I was looking on craigslist and found a local garage sale listing. Nothing looked out of the ordinary, until I saw the last picture. Ceiling lights! Kind of a give away. Desperate times brings desperate measures....

                  but I am not that desperate and will not be taking the door or the plant. I wasn't sure if the bank only really took the possession of the house on their discharge date. Interesting though that this couple could be arrested for taking down 'their' NO TRESPASSING signs. If you only knew the lack of law enforcement in our area. Anything goes where we live!

                  Comment


                    #10
                    Originally posted by moneytree View Post
                    Very very funny though. You completely missed my point about the couple allowing us to take the door if we wanted it (they thought about it....I kept on saying, they should, but their new house door opens on the other side and just easier to buy a new door...rather than leave marks) This is way TMI, but I felt like I needed to explain that.

                    I did write in my original post:

                    We've been told to go ahead and take the door. But then the couple is also unsure.

                    In regards to the poster above me, it does not surprise me. One day I was looking on craigslist and found a local garage sale listing. Nothing looked out of the ordinary, until I saw the last picture. Ceiling lights! Kind of a give away. Desperate times brings desperate measures....

                    but I am not that desperate and will not be taking the door or the plant. I wasn't sure if the bank only really took the possession of the house on their discharge date. Interesting though that this couple could be arrested for taking down 'their' NO TRESPASSING signs. If you only knew the lack of law enforcement in our area. Anything goes where we live!

                    Hey people jumped my a$$ for asking unethical 'what if' questions.
                    Why can't they take the door off and give it to you?

                    Or scenario 5 just take the damn thing.

                    No hard feelings and I'm not judging you I'm just trying to give an opinion consistant with what the board has given me.

                    Like I said in another post. We were comparing assets, apparently it's ok to not list trivial things they ask you to list, but bigger things you HAVE to. It's fraudulent either way in that case.
                    In this case it's theft if you 'took' a $250 door or a $2.50 plant. Theft is theft period.

                    Comment


                      #11
                      as far as the other couple goes, ITS NOT THEIR HOUSE EITHER.

                      If it's in F/C, then its quite obvious that they don't own the house anymore.

                      Like I suggested, you should take the the door with the acceptance that you may need to pay for it in the future. Clearly communicate it with your neighbors and if they are pursued for the door, they can then defer to you.
                      I do not provide legal advice. All I do here is give my two cents as an opinion and at least share some of the facts that I know. Attorneys can provide legal advice, so go ask them or hire one.

                      Comment


                        #12
                        Aside from a lawyer, how can you find out what your state laws allows you to take? I have some very expensive appliances that I'd like to take with me (I did pay cash for them a while back when I HAD money)...

                        Comment


                          #13
                          Originally posted by hopefulbk View Post
                          Aside from a lawyer, how can you find out what your state laws allows you to take? I have some very expensive appliances that I'd like to take with me (I did pay cash for them a while back when I HAD money)...
                          Tell them someone named moneytree on the internet took them

                          Comment


                            #14
                            If something is attached, nailed down, or was an original part of the house - it stays.............
                            Appliances bought separately can be moved - only if Trustee allows it. My Trustee said "NO" - it will be sold with the house.........
                            It's pretty cut and dry....... if its attached, buried in the ground, or part of the building................ it stays with the house.
                            Hope this helps
                            Minny

                            "It's amazing the paths that our feet sometimes follow in life".

                            My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

                            Comment


                              #15
                              Originally posted by Minnymouth View Post
                              If something is attached, nailed down, or was an original part of the house - it stays.............
                              Appliances bought separately can be moved - only if Trustee allows it. My Trustee said "NO" - it will be sold with the house.........
                              It's pretty cut and dry....... if its attached, buried in the ground, or part of the building................ it stays with the house.
                              Hope this helps


                              My house has been on the market for 2 years. I moved out a year ago as I couldn't pay the heat and lights and I took my stove and dishwasher with me as my roommates were junk. I told my lawyer and she didn't say anything. The house has been listed for sale w/o appliances.
                              Will this be an issue that I took them over a year ago before filing?

                              Comment

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