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What am I allowed to take from my property?

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    #16
    What a lot of people don't realize is how much more the damage affects the value of a home. Lenders will not lend on a home with damage, so the banks will have to make repairs (unlikely) or sell to a cash buyer for a much lower price.
    Once you lose everything you're free to do anything.
    Filed 10/06/2009
    341 11/12/2009
    Discharged 1/15/2010

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      #17
      Originally posted by limage View Post
      What a lot of people don't realize is how much more the damage affects the value of a home. Lenders will not lend on a home with damage, so the banks will have to make repairs (unlikely) or sell to a cash buyer for a much lower price.
      Very true. This is why I advise a few folks here that are antsing to get another home, to wait till the real glut occurs. If you picked up a place for relative salvage, you can get an exemption to live in the house while repairing it. Get a builders electric pole, and make it a fun project while living in a house you are putting sweat equity in and that you can afford. '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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        #18
        Originally posted by AngelinaCatHub View Post
        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
        I asked about a "gate." Not whether I could gut the house.

        And he presumed I was doing it spitefully or out of frustration. If I had spite in mind, I could do a lot worse.

        I'm frustrated at myself, because with a little wisdom, a foreclosure could have been prevented, but I'm not about to steal or destroy because we are being forced out, and the worst should not have been presumed.

        A simple "a gate is a fixture that cannot be removed," would have sufficed.

        But your response makes me wonder if I really could take it, since it can easily be removed with hand tools.

        Comment


          #19
          Originally posted by brokenomore View Post
          I'm frustrated at myself, because with a little wisdom, a foreclosure could have been prevented
          Don't worry, most of us are in the same boat that you're in. HHM is not trying to give you a hard time, we've just had a few come around in the past few weeks that have been trying to get everyone here to help them game the system.

          A gate is no big deal one way or another. As far as I'm concerned, you can do with it what you will. It's not going to make any difference as far as the value of the house.

          And before you think too harshly of HHM, just remember it's because of people like that keeping some of the people in line that we can have this forum.

          Relax, study, and things shall become more clear.

          Good luck to you.
          All information contained in this post is for informational and amusement purposes only.
          Bankruptcy is a process, not an event.......

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            #20
            Thanks for your response, but I don't understand how asking about a gate could be an attempt to game the system.

            At any rate, I'm a little confused right now about it.

            I am not going to take it if I am not allowed to take, but I don't mind taking it if I am, since I do have a use for it where I am going, and don't mind saving $150 or so on a new gate.

            A previous poster said I could remove what could be removed with hand tools. I certainly would not attempt to remove the entire fence, since there's over 1,000 feet of it, and the posts are sunk in concrete, so that's most definately a permanent improvement, and if the gate is part of that, then I will leave it, but if the rules allow for me to remove it, I don't mind saving the money, though on the other hand, a part of me wants to leave everything intact. I'm quite the opposite of the type who would destroy out of spite, and instead hope for the best for the property we enjoyed for many years.

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              #21
              Originally posted by brokenomore View Post
              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.
              Come on....I did say "Don't take offense", but you took offense

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                #22
                Originally posted by brokenomore View Post
                Thanks for your response, but I don't understand how asking about a gate could be an attempt to game the system.

                At any rate, I'm a little confused right now about it.

                I am not going to take it if I am not allowed to take, but I don't mind taking it if I am, since I do have a use for it where I am going, and don't mind saving $150 or so on a new gate.

                A previous poster said I could remove what could be removed with hand tools. I certainly would not attempt to remove the entire fence, since there's over 1,000 feet of it, and the posts are sunk in concrete, so that's most definately a permanent improvement, and if the gate is part of that, then I will leave it, but if the rules allow for me to remove it, I don't mind saving the money, though on the other hand, a part of me wants to leave everything intact. I'm quite the opposite of the type who would destroy out of spite, and instead hope for the best for the property we enjoyed for many years.
                Greetings again "brokenomore": I was your first responder early this morning and I'm the guy who stated that if you can remove it AND it does not alter the aesthetic appearance of the place, it is your property. In fact, the whole house is your property until your name is off the Deed. Here are the caveats of that though; when you abandon (or state you wish to let the house foreclose) the house must be in the condition that you bought it or improved it.

                It matters not if the place is gutted after you leave. That is not the issue. We here on this Forum do not and will not give any encouragement to any bk brother/sister to do wrong. There are those who would and have an idea that we would help them beat the system by larceny. IN NO WAY, has ANYONE on your thread accused you of ANY WRONG thing. We only gave opinions, and no, we don't know you or your back ground or your morality. It is obvious your of good character. We all see this in your posts.

                My only critique is you are a bit sensitive, but this is understandable as we have all been down the road of super stress. Bk is not a fun hobby, but, "Brother" it does get better.

                The $150 gate is a non issue. No one is going to fault you for saving a bill and a half. Taking the furnace out and the hot water heater etc. is a different thing and obviously (*chuckle*) you are not going to do that.

                Now your thread was excellent and made a lot of viewers informed and brought up many good subject related comments. However, I think we beat your original question to death and made you suffer a bit unintentionally. So for this little bit of non intentional error, I apologize for all who may have inadvertently upset you and assure you that nobody did this on purpose.

                Don't think when we get what's called a Troll in here, we can't verbally beat one up, but you are not in that category.

                I wish you well and I'm sure your new fence is going to look great. Please give your gate a little nick name and call it the "BK gate to freedom" for remembrance of your friends here. '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


                  #23
                  [QUOTE=brokenomore;366963]

                  A simple "a gate is a fixture that cannot be removed," would have sufficed.

                  QUOTE]

                  Yes that would have answered the question, but a lot of the more experienced users on here tend to answer in a lot more detail to help all the readers of the forum understand the reasoning behind the answers. And I know it seems like asking about a simple gate couldn't be construed as gaming, but you would be surprised at the things I have seen since I have started readings these forums.

                  HHM is always blunt and to the point, but isn't looking to offend you.

                  As to your gate question, if it is easily removable and wouldn't devalue the home by removing it, you should be okay.
                  Filed: July 31, 2009
                  341: September 4, 2009
                  60 days: November 3, 2009
                  DISCHARGED!: November 6, 2009

                  Comment


                    #24
                    Originally posted by HHM View Post
                    Come on....I did say "Don't take offense", but you took offense
                    NO HHM, he isn't taking the fence he's taking the gate. LOLOL
                    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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                      #25
                      There was no reason to presume I had no use for the gate if I took it, or that I was taking it out of frustration. It was a simple straight-forward question, but that's the last I'm going to say about the first response.

                      I appreciate the responses and the information. It seems now that I could take it, so I might go that route.

                      Losing a house is a hard experience to go through. I blame no one but myself for that--not the economy and the hard issues we faced because of medical debt and loss of income. Had we ordered our affairs differently and more wisely during good times, it would not have come to this.

                      A house should not be used as a piggy bank. At one time we almost owned it free and clear, and then when business was slow, borrowed against it, and that was the beginning of the end, though I didn't see it, and over the years went through several refinances and then on to second mortgages.

                      I should have either worked harder to earn the money we needed or moved to where business was better. And now I'm wondering where all that money that we borrowed went.

                      Though my question about removing the gate was innocent and there was no frustration involved, I have to admit this entire experience was frustrating and then some. "Heartbreaking" would be a better way to characterize it...

                      Comment


                        #26
                        I'm sorry you feel that way. I cannot say more than what has been said by myself and all of the submitters to your thread. I wish you better fortune from here on.

                        NOBODY did anything wrong here. But I I'll pray for your new and successful start. GBWY '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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                          #27
                          This thread has run its course and is now closed.
                          "To go bravely forward is to invite a miracle."

                          "Worry is the darkroom where negatives are formed."

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