What am I allowed to take from my property?

[brokenomore]

It looks 99% certain we will lose our house and we're looking for a rental.

We have a large fecnced yard (a fence that I installed).

Would I be able to take the gate with us?

[AngelinaCatHub]

Usually if an item in the house is portable and was NOT purchased with the house, it is not part of the house. For instance, the washer and dryer. If you perchased them outside of the house mortgage, they are yours. If the house came with the stove and refrigerator, you cannot take them. A better example, you purchase a window air conditioner, you can take it. You purchase a central air conditioner unit, you cannot. It is part of the house. I doubt you can take the fence or gate. It is improvements to the real property and becomes the property of the house. A carpet laid on the floor, you could take. Wall to wall installed carpeting, you cannot. 'Hub

[HHM]

Well, let's say you took the gate, what are you going to do with it?

Don't take offense, but time to grow up a little. The "house" didn't cause you to not be able to make the payments, so don't take your "misplaced" frustration out on it.

Strictly speaking, you can pretty much take anything you want, the odds of the foreclosing bank taking action against you if you wreck the place are low. However, as previously pointed out, the letter of the law is; fixtures stay, personal property may go. A fixture is anything that is attached to the property in some way. A gate, IS a fixture. A washing machine is personal property. Wood floors ARE a fixture; an area rug is personal property, etc etc.

This is more of a Karma issue.

[Mi Bankruptcy]

Yeah.. My neighbor gutted his house when he left. Now the things sits their as an eye sore. He took the wood burning stove that heats the house etc.. Jerk..

[dub]

Some folks on down the road I live on, came up with a tractor and pulled the "stand alone" carport structure, down to their house when the house beside me was foreclosed. The homeowners were still there, so I dont know if any $$$ was exchanged or not.

[AngelinaCatHub]

Not only is it childish to destroy or 'gut' the place. It is stealing, plain and simple. If your intent (rhetorically 'your') is to abandon a house in bk, the only legal thing you have is free rent till eviction and your own personal property. Even a ceiling fan is part of the house. Now, I suppose it would be allowable if the ceiling fan was replaced by the light it once replaced that would be allowed.

I have heard of people actually tearing the plumbing and wire out and sell the copper. That is really low. 'Hub

[DeadManCrawling]

Happens all the time in my area of Florida.

Either the debtor guts it, or vultures break in and clean the place out, taking all appliances, fixtures, wire, pretty much anything they can remove.

I am hoping this does not happen in our home, which we are abandoning. It is in a gated community, so that may offer some protection, especially since the neighbors are all pretty much a bunch of snoops and gossips. Finally, a use for those kind of people.

My wife is in real estate and sees gutted foreclosures more often than not. Just how it goes here. With tens of thousands of foreclosed homes sitting abandoned in our metro area, they are easy targets for thieves and squatters.

[frogger]

they are easy targets for thieves and squatters.

Thieves, squatters, crack-heads, meth-heads, and more. In our area, most of them get gutted pretty quick. They get the windows broken out, walls busted up, spray painted, feces on the floors, and crack/meth baggies everywhere.

Wiring/plumbing gets ripped out, heaters, ac units, water heaters and appliances go to the scrap yard.

It's not a pretty sight. There are enough people out there that will destroy the home. You don't need to be one of them too......

[brokenomore]

Well, let's say you took the gate, what are you going to do with it?

Don't take offense, but time to grow up a little. The "house" didn't cause you to not be able to make the payments, so don't take your "misplaced" frustration out on it.

Strictly speaking, you can pretty much take anything you want, the odds of the foreclosing bank taking action against you if you wreck the place are low. However, as previously pointed out, the letter of the law is; fixtures stay, personal property may go. A fixture is anything that is attached to the property in some way. A gate, IS a fixture. A washing machine is personal property. Wood floors ARE a fixture; an area rug is personal property, etc etc.

1) I wouldn't have asked if I didn't have a use for the gate.

2) You are making a personal judgement and reading something into my question that is not there. It is not about "frustration" but about the fact that I'm going to be putting up a fence at the next place and I will need a gate. That I need to "grow up" is something that I've been dealing with for many years, but in this instance it doesn't apply.

3) Apparently a gate is also a "fixture" and that's all I really needed to know, and I appreciate that particular answer, and the gate will of cours stay.

[AngelinaCatHub]

1) I wouldn't have asked if I didn't have a use for the gate.

2) You are making a personal judgement and reading something into my question that is not there. It is not about "frustration" but about the fact that I'm going to be putting up a fence at the next place and I will need a gate. That I need to "grow up" is something that I've been dealing with for many years, but in this instance it doesn't apply.

3) Apparently a gate is also a "fixture" and that's all I really needed to know, and I appreciate that particular answer, and the gate will of cours stay.

Oh 'Brokenomore': Don't take offense to HHM. He did not hit on you personally as you think. We who have been around for some time, come across many who are 'gaming the system' and are in bk for personal gain, even. You asked for opinions, and you got them. Don't kill the messenger, sometimes we all say things in an awkward way without the 'body language" words can some times be misunderstood.

If that fence looks good without the gate, take the gate. It is not permanently attached if you can take it off with hand tools. 'Hub

[bkpain]

Have to agree with DMC, in the Orlando area many homes are gutted, I saw one that looked like a shell, cabinets gone, hot water heater gone, carpeting gone, A/C gone they even removed the big bath tub. I have also seen the screen enclosure around a pool removed and sold for scrap metal.

[AngelinaCatHub]

Have to agree with DMC, in the Orlando area many homes are gutted, I saw one that looked like a shell, cabinets gone, hot water heater gone, carpeting gone, A/C gone they even removed the big bath tub. I have also seen the screen enclosure around a pool removed and sold for scrap metal.

Yes and where is law when these things happen? Wouldn't that make a great "sting" on the 'Cops' show to see one of these low life's rip out a cabinet. 'Hub

[frogger]

Have to agree with DMC, in the Orlando area many homes are gutted, I saw one that looked like a shell, cabinets gone, hot water heater gone, carpeting gone, A/C gone they even removed the big bath tub. I have also seen the screen enclosure around a pool removed and sold for scrap metal.

I had a mobile home that had the aluminum siding stripped off it in the middle of broad daylight. Right in the middle of town.

And guess what...... nobody saw nothing.

[dub]

I can see it now............. a "Bait House" instead of a bait car!

[AngelinaCatHub]

I can see it now............. a "Bait House" instead of a bait car!

We used to have an alarm system. Due to cats and other false alarms and the hassle it was when the cops came, I decided to put in cameras. I have cameras everywhere. Since I build computers, I built my own vaulted hard drive recording device. I've had more use and when a new foot print hits in the yard I just go back looking for that activity. The cameras are all in sight (except some) as a deterrent. We have not had any problems, as the recording is much more evidence than an alarm to say "hey your stuff is gone". 'Hub