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    I took my ....

    I took my appliances when i moved out of my home.. I'm surrendering the house in my bk. Reason why is i upgraded my stove and dishwasher, when i bought the house , it didn't even come with a fridge . Can they sue me for taking those items, even tho they are not built in so to speak; I'm still able to get inside of the house.. they haven't put a lock on it yet. (Hope this makes since) When i get stressed out my mind tends to shut off and I can't type worth a crap ! if they do sue me, will the house still be discharged in my bk ??
    Last edited by RainMoM; 07-13-2009, 06:09 AM.
    Filed on 7-17-09
    waiting for 341
    341 meeting 8-21-09
    discharged/ case closed 12/23/2009

    #2
    I wouldn't worry about it.
    Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

    Comment


      #3
      Are you sure ?????
      Filed on 7-17-09
      waiting for 341
      341 meeting 8-21-09
      discharged/ case closed 12/23/2009

      Comment


        #4
        I wouldn't worry about it. You are welcome to if you so desire.

        It's done forget about it. Nothing bad is going to happen. Did you go through the house damaging doors and putting holes in the walls? Did you turn the water on and jet the sink overflow?

        If you just walked away with what you thought was yours you have nothing to be concerned about.
        Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

        Comment


          #5
          No i did not do any damage to the house, or leave the water on for that matter.. i just took what i thought belonged to me, things that i bought and paid for. I just want to make sure so i can get this over with and move on with my life..
          Filed on 7-17-09
          waiting for 341
          341 meeting 8-21-09
          discharged/ case closed 12/23/2009

          Comment


            #6
            I stressed to my lawyer about the fact that I didn't scrub the bathrooms or shampoo the rugs when I left and he told me that I was a good person for worrying but that I had no idea what some people did to their foreclosed homes. He said not to stress over some dog hair and toothpaste stains. We were also mid-renovation on a bathroom and we didn't finish painting one section or putting down the new floor because I figured, "what if the new owner wants ceramic tile? What if they hate the color?" Then my time and energy is pointless. I left the vinyl tile we bought and the paint on the floor in the bathroom - the mortgage company will probably throw it out. And I definitely didn't stress about the appliances. Whoever gets my house will know they're buying a foreclosure on the cheap and they'll probably be able to redo half of what I worried about anyway. I'm moving on.
            over $100K cc debt,$20K taxes,$332K mortgages/value $190K,surrendered
            Confirmed, $801/month 56 down,4 to go

            Comment


              #7
              Originally posted by Ifonly View Post
              I stressed to my lawyer about the fact that I didn't scrub the bathrooms or shampoo the rugs when I left and he told me that I was a good person for worrying but that I had no idea what some people did to their foreclosed homes. He said not to stress over some dog hair and toothpaste stains. We were also mid-renovation on a bathroom and we didn't finish painting one section or putting down the new floor because I figured, "what if the new owner wants ceramic tile? What if they hate the color?" Then my time and energy is pointless. I left the vinyl tile we bought and the paint on the floor in the bathroom - the mortgage company will probably throw it out. And I definitely didn't stress about the appliances. Whoever gets my house will know they're buying a foreclosure on the cheap and they'll probably be able to redo half of what I worried about anyway. I'm moving on.
              So i take it you took your kitchen appliances as well ??
              Filed on 7-17-09
              waiting for 341
              341 meeting 8-21-09
              discharged/ case closed 12/23/2009

              Comment


                #8
                IF your losing your home and it's still titled in your name. Strip it clean. You can get a lot of money from small GC's that buy copper pipes, and anything that is not bolted down.

                Comment


                  #9
                  Originally posted by All Cash View Post
                  IF your losing your home and it's still titled in your name. Strip it clean. You can get a lot of money from small GC's that buy copper pipes, and anything that is not bolted down.
                  Yeah, and then walk outside and get hit by the kharma bus.

                  Generally, fixtures or anything that is installed, attached, nailed, screwed, glued, planted, etc. is considered part of the property. The mortgage is secured by this property which includes all of these installed contents. By removing part of the property, you could be prosecuted for defrauding a secured creditor, which is a felony. Technically, you may not be stealing at the time you remove the items if the deed is still in your name, but once the bank completes the foreclosure and determines that items considered to be part of the property are missing, you could be in a lot of trouble.

                  If the damage is bad enough, the bank may file an insurance claim and your own insurance company will then go after you for damages.

                  Aside from the fact that it's ILLEGAL, it's also unethical. Stripping the home devalues it and all the surrounding homes.

                  Just because you CAN do something, doesn't mean you should.

                  Comment


                    #10
                    oops, double post.

                    Comment


                      #11
                      Originally posted by All Cash View Post
                      IF your losing your home and it's still titled in your name. Strip it clean. You can get a lot of money from small GC's that buy copper pipes, and anything that is not bolted down.
                      THIS IS A BIG NO, NO!!

                      Any appliance that was purchased with the house and came with the house belongs with the house. Any appliance built in attached or added to is part of the house legally. If you purchased the fridge yourself, washer, dryer, that is plugged in and portable, then you may take it. If it was a package deal, it is theft as your intent is to give up the house. If the house was free and clear, as long as codes allowed you, you could burn it down if you wished, but it is not completely yours as long as there is a lien on it. A Mortgage is a lien. If you go into the walls and start scrapping out copper, wire, plumbing and built in air conditioning, you could get some jail time as well as the Trustee would make you pay it back or fix the place.

                      Even if the appliances are yours (you purchased them outside of the house package) and you remove them, when you bk, they belong to your estate and you must list them. Please use some logic when you get a reply like the one I am adding to. '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.

                      Comment


                        #12
                        RainMom, I sent you a PM on Monday and also followed your posts on this subject in a similar thread.

                        All Cash: I sincerely hope your post is intended to be funny. If not, it seriously borders on violating one of the forum rules that all members agree to by signing up:



                        If you did not read the rules when you signed up, now would be a good opportunity to do so:



                        Thank you for your attention to this matter.
                        "To go bravely forward is to invite a miracle."

                        "Worry is the darkroom where negatives are formed."

                        Comment


                          #13
                          Originally posted by All Cash View Post
                          IF your losing your home and it's still titled in your name. Strip it clean. You can get a lot of money from small GC's that buy copper pipes, and anything that is not bolted down.
                          Wow! This is normally what the crack-heads and meth-heads do after a home is vacant. Not by the homeowner.........

                          Don't fret not shampooing the carpet, touching up the paint, or any of the small stuff. I've seen many foreclosed homes and probably 1/2 of them are destroyed, either by the homeowner "showing the man", or the crack-heads that created thousands of dollars of damage in order to get $10.00 at the recycle center.

                          The bank will be more than happy to get the home back in a half way decent condition.

                          And as to the appliances, the dishwasher was attached. In my opinion, it should have not been removed under any condition.
                          All information contained in this post is for informational and amusement purposes only.
                          Bankruptcy is a process, not an event.......

                          Comment


                            #14
                            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.

                            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....
                            Filed CH 7 9/30/2008
                            Discharged Jan 5, 2009! Closed Jan 18, 2009

                            I am not an attorney. None of my advice is legal advice in any way..

                            Comment


                              #15
                              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.

                              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 is absolutely absurd! How is is they can get away with this? I would think it prudent for a homeowner to video record the home when they move out to have proof they left the place intact.
                              Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                              Comment

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