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    #16
    Originally posted by StartingOver08 View Post
    I show a lot of bank owned property too (every day as I'm a Realtor). We are finding that many homes are stripped by the 'clean up' crews contracted by the bank to clean out the property. Apparently some of their contracts (between the clean up company and the bank) allow them to remove appliances, hurricane shutters, and even countertops! Of course it devalues the property and makes it more difficult to sell. Boy that sure does not make sense.

    I am in no way advocating taking anything from the property that is a fixture. I am commenting that it is not always the homeowner, or local vandals. Sometimes it is the banks own contractors....:This may be true, but it does not make it right. (
    Startingover08, this is odd that they would do this, but here is a difference. Once the property falls into the hands of the bank, it belongs to the bank and for whatever purpose they have in giving property away and devaluing their own real estate, I guess is their business.

    It is dangerous for you or I to do this as some bank could not favor that procedure and take a debtor to task and the prosecution would be outside of the bk and non discharged. It is a sad comment though to have anyone tell another to do something that is morally wrong as all good common sense says that to scrap out a building that they are abandoning does not mean the materials would be theirs to sell.

    Here is a possible exclusion. By rights and law, even a ceiling fan that you buy and hang, belongs as a permanent fixture. It would probably be excluded in the event the original or replacement light would replace a reclaimed fan. Leaving a gaping hole and exposed wires is a no-no.

    A built in dishwasher or overhead microwave are part of the house no matter who puts it in as an addition. Some houses are sold with a range and refrigerator in the price of the home, some are not. Those that are, are permanent fixtures of that real estate. Those that are not can be removed. It all depends on what the paperwork states. To "get away" with copping something known to not be your property, would say a lot about that person's character.

    It is my opinion that until the house is taken over by the bank, the debtor should maintain insurance and to their best ability protect the property. Take pictures of all rooms as the house has been left upon vacating. Same with turning over vehicles. Best to be safe, especially when you are dealing with a Federal Court system. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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