? about foreclosure and appliances

[FreshStart01]

When you moved out did you leave your appliances?
When we bought this house we took the builders credit($1000) for the standard appliances and went out and purchased all S.S. appliances ($7000)
my wife thinks we should take all the appliances when we leave. What's everybodys thoughts?

[lrprn]

Assuming that you have *not* already filed bankruptcy, then the three key questions to ask yourselves in this situation are:

- Will removing the appliances cause damage to the property or make it unlivable? For example, unplugging a dryer and washing machine and moving them will probably not cause any damage. Taking out the furnace and outside air conditioner, on the other hand, may cause damage, not to mention this will make the house difficult to live in without any source of heat. The same goes for ceiling fans and light fixtures. You also can't take the antique front door or any doorknobs, as these count as fixtures. But big items like the refrigerator can be unplugged and easily moved out.

- What was the original intent of the appliances: as a permanent item or something to be moved easily? Permanent items like the furnace and sink faucets and copper pipes should stay. So should the glass in the cabinet doors. However, if you moved into the property and the previous owners left a desk in the basement or a microwave they did not take with them, then you have every right to take those items, since they were probably meant to be personal property. Just the fact of being left in a property after a transfer of ownership does not automatically make the items fixtures.

- Is the appliance attached to the property in some way? You are free to remove bookshelves that you built on your own after purchasing kits from Wal-Mart. However, a built-in library should probably stay, as it is attached to the property and removing it would cause damage and a loss of value. The grill with propane tank can be moved and is not attached, but the huge propane tank attached to the outside of the house to provide heat in winter and the hot water heater are attached firmly to the piping and integral to the functioning of the property. Thus, they must stay, along with the items that make them work, such as pipes, gauges, and other minor items used with the larger fixture.

Hope this makes sense. In most cases, your stainless steel refrigerator can typically be removed without causing damage. But if the stainless steel stove and/or microwave were built in or otherwise permanently attached to the kitchen and removing one or both would cause damage to the house, then chances are those shouldn't be removed.

Another option is to replace the expensive appliances with cheap substitutes from Craigslist or resale appliance shops - that's ok to do also.

[frogger]

- Is the appliance attached to the property in some way?

This is the key point. If it not attached, then it is contents. Contents belong to the homeowner. Anything attached must remain with the home.

[AngelinaCatHub]

This is the key point. If it not attached, then it is contents. Contents belong to the homeowner. Anything attached must remain with the home.

Lprn is right, and not always so about the appliances. IF the appliances came with the price of the house (included) they belong to the house. If you purchased them separately, they are yours as long as they are not attached. For instance, you put up a ceiling fan, it now is part of the house. You plug in a floor fan, it is yours to take. Anything built into or onto cannot be taken legally. Certainly no fixtures or integral mechanisms like wiring, plumbing and air conditioners, except a window unit. 'Hub

P.S. If you do take things, you must put them down as estate property, list them and probably lose them to the Trustee sale. If the mortgage holder notes that the dishwasher was ripped out, you may be sued and that would not be a discharged suit.

[RainMoM]

hello.. not trying to hijack this thread, but i want to make sure I'm understaing this correctly !! I have moved out of my home, which I surrendered in my bk, I took my dishwasher, stove and fridge.. when i bought the home, it didn't even come with a fridge.. And i had replaced the rest after living there over 13 years. Now can they sue me for taking those items ?? Also something like a ceiling fan ?? must i put that back up, even tho i bought it myself ???

[OhioFiler]

hello.. not trying to hijack this thread, but i want to make sure I'm understaing this correctly !! I have moved out of my home, which I surrendered in my bk, I took my dishwasher, stove and fridge.. when i bought the home, it didn't even come with a fridge.. And i had replaced the rest after living there over 13 years. Now can they sue me for taking those items ?? Also something like a ceiling fan ?? must i put that back up, even tho i bought it myself ???

If you have an issue at all it would be the ceiling fan and the built-in dishwasher. If they are valuable keep them and buy some junk off craigslist and reinstall them. Reinstall the dishwasher by simply pushing it into the opening. You'll probably want to hang the ceiling fan but I wouldn't bother connecting the wires.

If that's all that's missing I doubt the bank will sue you.

[RainMoM]

I have wells fargo, you have no idea how ruthless they are !! what about the stove ? I don't need to replace that ?? Why just the dishwasher ?

[OhioFiler]

If you think you need to replace the stove by all means do so. I go to bed a night with a clear conscience and I wish you the same.

[Ifonly]

When we moved into our rental, I switched (with our landlord's permission) all of his 15 year old appliances with the stainless steel appliances we had purchased in our home which is going to be foreclosed on. I left that home with no washer/dryer and no refrigerator because that is how it was sold to me. There is no occupancy or builder's permit that says a house can't be sold without appliances - they are not permanent fixtures. IMO, as long as you're not causing "damage" (holes in the walls, ripping out copper piping, etc.), you're fine. Whoever buys the home from the bank will buy that home knowing they have to purchase a refrigerator, that's all.

[RainMoM]

ty for your reply Ifony, when my husband and had the house built back in 1997, the only appliances it came with was an stove & dishwasher .. No Fridge or washer & dryer. After about 10 years of use, i replaced all of the items e.i. stove, fridge, dishwasher, so when i moved out i took them with me, I'm currently useing them now, my rental had old appliances and I just exchanged em out. My landlord donated them to a local family who had lost everything from a fire.. I have no problem replaceing the ceiling fans, seeing that would only be 3, but i really can't afford to go out and buy used appliances !

[HHM]

It sort of depends on the appliances.

In wall Ovens: Stay
Slide in (Stand alone) Ranges: Can Go
Refrigerator: Can Go
Build In Refrigerator: Stay
Washer and Dryer, Clothes: Can Go
Dishwasher: Can go
Furnace: Stays
In Window AC: Go
Outside AC Condenser: Stay
Roof Mounted Swamp Cooler: Stay

Hopefully this helps.

People still do what they do. When I was looking for a house, I saw some really trashed houses, missing door knobs, no appliances, copper pipe missing, etc.

[RainMoM]

It sort of depends on the appliances.

In wall Ovens: Stay
Slide in (Stand alone) Ranges: Can Go
Refrigerator: Can Go
Build In Refrigerator: Stay
Washer and Dryer, Clothes: Can Go
Dishwasher: Can go
Furnace: Stays
In Window AC: Go
Outside AC Condenser: Stay
Roof Mounted Swamp Cooler: Stay

Hopefully this helps.

People still do what they do. When I was looking for a house, I saw some really trashed houses, missing door knobs, no appliances, copper pipe missing, etc.

YES !! HHM, that helps me out alot.. Answers all of my questions, well at lest on this topic ! thank you for your input

[HHM]

For the benefit of other readers, you should approach this issue from a "practical" stand point.

If you are going to be renting, the place you will be moving in to will have appliances. Thus your stuck with the hassle of either selling or storing them. 9 times out of 10, it is probably not worth it to remove the appliances.

This issue, I think, comes down to Karma (what comes around, goes around), if you are that emotionally unstable or otherwise vindictive (or more apt, in denial) that you will trash the house because it is being foreclosed, that will come back to bite you in some way Taking appliances doesn't put you in that category, but when you start putting holes in dry wall, taking door fixtures and plumbing, etc, you're simply a jerk

[AngelinaCat]

It so happens that when we were out running our errands this morning, 'Hub and I passed a couple of 'spec' houses that are for sale, and decided to stop and look. Neither one had a stove, refigerator, or dishwasher, though the plumbing was there, as was a range hood. Now it may be that these items will come when the houses are sold--if they are--and are simply not there to keep them from being stolen.

Business is not booming for these homes, and there was no person on duty, or literature available that would answer those questions.

On another note, we had a friend that sold her home several years ago, and she took her stand-alone appliances, as described by HHM, with her. The only thing that she had to leave that she did not want to, was an antique-looking electric stove that she had paid major $$$$ for. Because this house was a restored Victorian, and she expressly bought this stove for it, the prospective buyer insisted that it stay. I am not sure if it was covered in the sales price or not. There were some other issues with that particular sale.

I hope this helps.

[RainMoM]

I by no means trashed my house.. there are no holes in the wall, all the plumbing is in tact, ac unit is still outside.. I just took my kitchen appliances due to that I bought them , and wanted to use em in my new place. my current landlord donated the appliances to a local family who lost most of what they own, due to a fire. I have no reason to trash my home, its our mistake that is has gone into fourclosure. thanks cat for your reply