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    House contents

    my dads neighbors house goes for sheriffs auction 1-28-08. they still occupy the house, and have not been ordered to move.

    there are nice solid oak cabinets in the house. they were thinking of tearing them out before the auction.

    anyone have any info on issues with this kind of activity?
    Filled 12/23/06
    341 1/29/07
    discharged 4-16-07
    closed 9-12-08 LOOOONNGGG TIME COMING

    #2
    If there was no court order demanding they leave and they own the house, then YES, take most anything. A simple explanation like, "the old cabinets looked horrible and we were right in middle of remodeling kitchen and ran out of money" type of line would explain it if ever questioned later. HA!
    I am only familiar with regular, large mortgage bank (countrywide, Gmac, etc) owned foreclosure auctions ran by a trustee as it usually is here in NY. But regardless of what the state is, i would think that your Dad's neighbors would still own the house until the gavel comes down at an auction. The bank normally sends a rep to bid it up in which case the bank becomes new owner if nobody bids against, or outbids bank rep.

    If they could of legally got them (dad's neighbors) out, they would of been served a 30 day by now i would imagine. Lets say for instance in Ny the owner decided to take the boiler out of the basement. The new owners would not be able to get a mortgage (in most cases) if there was no heating system, working well pump, etc. Potential bidders cant see inside the house first (unless invited) by someone being a good sport about losing their home. It takes at least 3o days to get out old owner, or renters. Thirty days is the time frame typically for new owner (bidder) to complete sale or will risk loosing the required 10% deposit. Property that is being lived in generally brings far less at auction due to all the risks of getting a not so happy person or family out. I have lived through 2 of them so far, both by different banks and trustees. Myself as a renter in one case, and my renter in the other case were both notified before the auction, but not ordered to leave. It could also make a difference now that there are so many auctions in general. It seems like banks would have to take any measure they legally could to make sure the property bids as high as it can. Chances are if your dad's neighbors could of been evicted, they would of. Which in turn means it not too late to "start" that "remodeling project" they may not ever get around to completing. Hope this helps but someone who knows real estate law in your state would be able to answer it better. I just wanted to add an optimistic "yes" with some back-up to help offset some of the "no's" you may hear.

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      #3
      Buyers at foreclosure ofter get the homes "as is". Unless they sent inspectors to do a cursory look-around, there's no way to tell what's inside the home or it's condition. I read about one guy who moved out and let his pigs roam around inside the home - talk about a mess! Dealing with post-sale foreclosure properties can have a down side, for sure. Oh well, that's the way the cookie crumbles.

      Comment


        #4
        hmmm...I suppose there is nothing they can do, but typically if you leave a home in good faith you leave any builtins including builtin appliances and cabinets.

        I've been searching for a home and have looked at many foreclosures. You'd be surprised what people take....door knobs, shower heads, hotwater heaters, dishwashers, doors, carpet (yes carpet!) you name it...they take it. Some houses were very stripped down to nothing and others were in pristine condition with everything in place.

        But I guess it is up to the nieghbor what they feel right doing.
        Chapter 7 Pro Se....Discharged Feb. 2006

        Comment


          #5
          One reason why they might not be out yet is the redemption law in your state. My house sold at auction in Jan 02 and I didn't have to be out until June 02. Michigan has a 6 month redemption law.

          Comment


            #6
            In Europe people take their cabinets, stoves, sinks, everything with them when they move. Even though a cabinet is attached, it is not really a built in unless it is "in a wall somehow, not just "Hung." I mean, a Picture is also hung or attached by nails or screws to the wall, and it is not considered a "built in."

            Just an opinion.
            Not all those who wander are lost....

            --J. R. R. Tolkien

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              #7
              I left a mess. I didn't plan to do it. I've never left even a rented apt like that. I just ran out of time. I tried to remove as much of the stuff that I could, but it was hard to do in the time frame I had. I have a friend that has packed up some of what I've left behind. There was a water leak from another unit last year, and I had been fixing the kitchen lights, but I stopped all that. As is huh? So, I'm just hoping I didn't leave behind anything super important, though as I most likely have crappy credit (haven't checked a credit report), I don't think my info would be useful.
              Filed November 2 2007
              341 Meeting January 4 2008
              DISCHARGED March 11 2008

              Comment


                #8
                We are taking our new pellet stove ($5000), our dog kennel (detached & enclosed), our shed in the back (big enough for a Quad) and all the fans (lighting) we installed in the rooms, the custom workbench and cabinets in the garage. As for everything else, it can stay. We never had much in the way of upgrades since the purchase of our home 3 years ago (no money). I'm also thinking of uprooting the palm trees we planted ($400) because they can be easily transplanted.
                CHAPTER 7 FILED: 1/18/2008: 341: 2/19/2008
                DECLARED NO ASSESTS: 2/20/2008
                OBJECTION TO DISCHARGE DUE: 4/21/2008
                DISCHARDGED & TERMINATED:4/22/2008

                Comment


                  #9
                  Originally posted by dp1969 View Post
                  We are taking our new pellet stove ($5000)
                  Not to sound like an idiot, but what in the heck is a pellet stove?

                  Comment


                    #10
                    Originally posted by nazstar View Post
                    Not to sound like an idiot, but what in the heck is a pellet stove?
                    A pellet stove is an appliance that burns compressed wood or biomass pellets to create a source of heat for residential and sometimes industrial spaces. By slowly feeding fuel from a storage container (hopper) into a burn-pot area, they create a constant flame that requires little to no physical adjustments. (from wikipedia)

                    I didn't know either. So don't feel like an idiot
                    Filed Ch 7 2/21/08
                    Discharged 6/5/08!!!!

                    "Dogs are not our whole life, but they make our lives whole."~ Roger Caras

                    Comment


                      #11
                      Originally posted by nazstar View Post
                      Not to sound like an idiot, but what in the heck is a pellet stove?
                      Sounds funny, I know.

                      A pellet stove is in place of a wood burning fireplace. It's cast iron and burns wood pellets (sticks of compressed wood) instead of logs. We purchased a Harmon Stove (very nice) and I can't bear to part with it!
                      Experience craftsmanship with Forge & Flame's trusted portfolio of Stove and Fireplace Inserts, featuring Vermont Castings, Harman, & Quadra-Fire brands.



                      Thanks WOOHOO for that accurate description!!!
                      CHAPTER 7 FILED: 1/18/2008: 341: 2/19/2008
                      DECLARED NO ASSESTS: 2/20/2008
                      OBJECTION TO DISCHARGE DUE: 4/21/2008
                      DISCHARDGED & TERMINATED:4/22/2008

                      Comment


                        #12
                        Ooooh! That's pretty! I love those kinds of things but I live in Florida - can hardly justify it!

                        Comment


                          #13
                          Originally posted by nazstar View Post
                          Ooooh! That's pretty! I love those kinds of things but I live in Florida - can hardly justify it!
                          My girlfriend is out in Florida (Hobe Sound) and she said the same thing!

                          Funny thing...I called the Fireplace Depot today and asked how much to "uninstall" the stove. She quoted a fair price and then asked if I was just going to leave a hole in the wall. I said "yep"; she was a bit dumbfounded. She then asked if the house was sold yet; I said "no" and laughed a bit. She was really perplexed and then asked, "are we selling it"? I said "no, but it's going to be sold". There was a pause and then a "OHHH, I see".
                          All I can do is sit back and laugh at this whole ordeal!
                          CHAPTER 7 FILED: 1/18/2008: 341: 2/19/2008
                          DECLARED NO ASSESTS: 2/20/2008
                          OBJECTION TO DISCHARGE DUE: 4/21/2008
                          DISCHARDGED & TERMINATED:4/22/2008

                          Comment


                            #14
                            You know, when I got the letter from the mortgage company asking if I left the place over a month ago, I asked how did they think I wasn't there? She said they drive by. It's a gated community. I'm sure they never got in the gates and the condo is apt style. LOL Lazy people eh?
                            Filed November 2 2007
                            341 Meeting January 4 2008
                            DISCHARGED March 11 2008

                            Comment

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