Couple Charged for Removing Items from Foreclosed Home

[jb1997]

Taking items from a foreclosed house is a crime, couple charged with Grand Theft.

A crime linked to foreclosures is becoming too familiar.

Some former homeowners are not just walking away, but taking the fixtures, appliances, and even the kitchen sink.

However, a county is stepping up to fight such crimes and filed its first charges Tuesday against people who prosecutors said stripped homes.

A homebuyer moved into a foreclosed home, but the chandeliers, doors and ceiling fans were gone.

The former owners filled five storage lockers with furnishings from the home. A county prosecutor is charging the former owners with grand theft.

"The garage door opener for example, the trees, the doors, the lanterns on the outside of the house, all of that goes with the house, and if you take it away, you're committing a theft," the county prosecutor said.

The former owner offered to sell back what he had allegedly taken from the house, such as doorknobs for $120, or everything for $50,000.

"It seemed so common that I didn't know it was illegal or a crime, so I just needed to get the items back for the home," the homebuyer said.

The county prosecutor said the county has a stack of similar cases that will be prosecuted.

The former owners are expected to surrender on an arrest warrant.

[justbroke]

Notice the wording. They took it after it was foreclosed, meaning it was no longer their property to take. Any attachments, or improvements that attach to the property, can't be removed.

The refrigerator, stove, washing machine, dryer... fine. Taking the light fixtures, doors, door knobs, etc, when you no longer own the property, is theft.

If this city attorney (prosecutor) is trying this on someone who removed their rightful property before the home foreclosed, I'd be suing for false arrest, false imprisonment, filing a false police report, abuse of authority and any other crime befitting of the the attempt.

(By the way, please list your source and the link to the source.)

If this is the article that's on Ripon, then this tells me why they can prosecute...

San Joaquin County Deputy District Attorney Stephen Taylor said that this case is one in a stack of similar cases where people are also digging up trees and taking down fences while vacating their foreclosed homes.

Emphasis added is mine.

[jb1997]

Here is today's article from the Recordnet:

http://www.recordnet.com/apps/pbcs.dll/article?AID=/20100721/A_NEWS/7210323

Notice the wording. They took it after it was foreclosed, meaning it was no longer their property to take. Any attachments, or improvements that attach to the property, can't be removed.

The refrigerator, stove, washing machine, dryer... fine. Taking the light fixtures, doors, door knobs, etc, when you no longer own the property, is theft.

If this city attorney (prosecutor) is trying this on someone who removed their rightful property before the home foreclosed, I'd be suing for false arrest, false imprisonment, filing a false police report, abuse of authority and any other crime befitting of the the attempt.

(By the way, please list your source and the link to the source.)

If this is the article that's on Ripon, then this tells me why they can prosecute... Emphasis added is mine.

[justbroke]

Yes, taking the fixtures, wiring, doors, and other fixed items from a home that had been foreclosed upon, is illegal in every sense of the word for theft.

[sidhesadie]

So what about taking things BEFORE the foreclosure? If you vacate the property prior to receiving the NOD? (I didn't do it, I'm just curious!)
At the time, wasn't it all your property, in that case?

[frogger]

Yes, taking the fixtures, wiring, doors, and other fixed items from a home that had been foreclosed upon, is illegal in every sense of the word for theft.

No doubt. A home that has been foreclosed on is not yours in any shape, fashion, or form. It's no different than stealing from a neighbors house.

[justbroke]

So what about taking things BEFORE the foreclosure? If you vacate the property prior to receiving the NOD? (I didn't do it, I'm just curious!) At the time, wasn't it all your property, in that case?

It is yours. You can take anything you want when it's yours. The problem occurs when the foreclosure already occurred and titled has changed.

[mrskal]

It is yours. You can take anything you want when it's yours. The problem occurs when the foreclosure already occurred and titled has changed.

How would they know when you took it. Do they go to the homes right away, or right before they foreclose?

[justbroke]

How would they know when you took it. Do they go to the homes right away, or right before they foreclose?

Lenders do drive by inspections when a home is in pre-foreclosure. They take pictures as well. I think this case was particularly egregious because the former owner then tried to sell the fixtures/doors to the new owners.

Generally, though, it's obvious that a home was stripped. You bring up a good point as to when the home was stripped. If the prior owner moved out before foreclosure completed and stripped it, then you know easily when it happened. However, if the prior owner stays until after foreclosure completes, you can only assume that they didn't remove all the doors and light fixtures, cabinets, etc while still living there... so it had to be done post-foreclosure.

Still, the prosecutor will need to prove that.

[AngelinaCatHub]

A very small enhancement to JB's post

If you purchase items such as refrig, washer dryer that is NOT attached to the house, it is your property whether the house is foreclosed upon or not. If you purchased the house and like items came as a package and were part of the sale of the house, they belong to the house, not you.

If you purchased a ceiling fan for example, it did not come from the house but you removed a light to hang the fan, the fan could be taken but the light must be replaced. If the fan came with the house, you cannot do that.

If you purchase a dishwasher or central air, it becomes part of the house as it is installed as permanent and you cannot take those items under any circumstance. They are house improvements and belong to the house.

I am sure I will be corrected if wrong, but a foreclosure on the house does not give them rights to personal property that you purchased (not attached as home improvements).

That would be like your car being repo'ed with your kid in the back seat. You get to keep the kid. Although I have known some who I would gladly let the tow truck keep.

[justbroke]

From all my research on this topic, because I have had one foreclosure and awaiting another, there is no clear or even speculative thoughts on taking things before you are in foreclosure. Everyone agrees on the post-foreclosure issues.

You can take fixtures so long as they are replaced.

[youngnbroke]

when our home goes into foreclosure, we are allowed to take the appliances right?? (fridge, dishwasher, washer/dryer, stove) we planned to do that as we purchased new ones a few years ago, but were not planning to replace any of it. We can do that right?

[justbroke]

when our home goes into foreclosure, we are allowed to take the appliances right?? (fridge, dishwasher, washer/dryer, stove) we planned to do that as we purchased new ones a few years ago, but were not planning to replace any of it. We can do that right?

So long as they are not permanently attached to the home. Generally speaking, this means that it is "attached" via screws or nails or some other similar attachment device. Usually, refrigerator, washer and dryer are easily classified as appliances and not fixtures. However, your stove and dishwasher are questionable. The dishwasher moreso since they are generally "attached" with screws to the counter and are not designed to stand alone (like a refrigerator). The stove is complex only based on how it is attached. Just having a plug or gas line doesn't mean it's attached to the home (since a washer and dryer are "connected" as well).

Having wrote that... I don't see any issues unless the removal of the dishwasher requires removing more than one screw. Of course, this is my personal opinion.

[Mi Bankruptcy]

when our home goes into foreclosure, we are allowed to take the appliances right?? (fridge, dishwasher, washer/dryer, stove) we planned to do that as we purchased new ones a few years ago, but were not planning to replace any of it. We can do that right?

yes you can take those items. You will notice when homes are listed by a agent some times they say things like appliances not included in the sale.

[Billssuck]

What if you take out your newer appliances and replace them with older ones? My stove and dishwasher are better than where we are moving to (a relatives home) and we would put in those older items that aren't working properly from the other house. For instance, our stove is a stainless steel ceramic top stove that works perfectly and the one in the other home we're moving to is very old and the oven doesn't work. Can we do a switch out before moving? I think so but since we're on the topic I thought I'd ask...