Disclosing Damage before moving out

[tripbuddy]

I'm glad someone reminded me about selling stuff before moving out if you don't want to take it with you...sell the built in dishwasher, the washer and drier, the fridge...shoot I have seen pics online where people ripped out the wood cabinets to sell them.

Nobody would want our wood cabinets, they are water damaged, lol.

I think people are terrified of the banks because they can make things quite miserable for you. All it takes is one person you know, who went through all kinds of legal hassle at the hands of a bank. My situation is, of course, not the same...but I have no idea if the banks can do anything to me for not mitigating the damages on the property by fixing leaks right away. They will KNOW we knew the roof leaked, so I am not sure if they can come after us somehow or not. But we can't fix what we can't afford to fix!

They can HAVE the house as is...I think the repair bills will match what the entire house is worth...and that is without updating a single, outdated thing!

[Pandora]

CCrazy

But thats not what you stated - you stated that when the sale is done, the house is out of your name immediately as you claim. It is still yours until right of redemption has passed & until the deed is re-recorded.

As someone already said, as soon as the sheriff's sale takes place at the end of the foreclosure process, the house is out of your name and the bank can't do anything to you...

[Clabbergirl]

Ok, now I'm confused. Is the house officially NOT mine after it's auctioned off, or does it remain in my name (and therefore a liability) until after the right to redemption period and/or someone else has purchased it from the mortgage co, post-auction?

And even if the house is no longer mine the moment it's auctioned off, does my staying in the property then fall under trespassing? Illegal dumping? I have seen foreclosed houses where the family nearly walked away, leaving all kinds of junk inside. Can the mortgage co come after the last 'resident' for the cost of hauling that away?

[Pandora]

Clabber

until the deed changes names, it is yours; until right of redemption period ends - it is yours (essentially - read on). Until the right of redemption period passes, you can buy it back from whomever purchased it; it is merely the right of the foreclosed homeowner to buy the home back from the person who purchased it at foreclosure if a judicial foreclosure. If however your house is sold under deed of trust, then your right to redeem is gone.

Make more sense now?

[Clabbergirl]

That helps it make more sense, but this is a non-judicial state and the deed of trust applies. So as of the time of the auction, my house will belong to the bank if no other parties are interested. Which takes me back to my original questions - can the mortgage lender-owner fine me for trespassing and/or illegal dumping or some other crime if I leave a few boxes in the attic and don't mow the lawn?

[Pandora]

Clabber

if the deed remains in your name, then no - they cant - is my understanding. If you merely abandon the house then the lender can change the locks and keep all property left behind as they must protect their interest.

As to the lawn, I guess if you have an HOA there could be issue, but I'm not certain how that works exactly. I'm sure others who've been in this situation will chime in.

[cory1848]

Shoot, go on the web and look at foreclosed properties in FL...people remove the fridge, the washer and drier, poor bleach on the wood floors, put holes in walls with sledgehammers...I will do the same...the banks can't do anything to you...the property is IN YOUR NAME until it's sold on the steps of the courthouse...

While it is true this is happening, what isn't true is that the banks can't do anything to you about it. Especially in Florida, we are starting to hear more about this in the news where the banks are successfully suing the past owners of willful destruction of property. Sometimes pushing criminal charges. If it is attached, technically you are not allowed to take it. I replaced all my kitchen cabinets and appliances 4 years ago and I will be taking those with me. However, I kept the old cabinets (in the garage) so I will be putting those back up. For appliances, I will find a free curbside stove and dishwasher to replace what is there now. Everything else, the bank can have.

The amount I have saved by living rent free, makes the money I spend on those items seem like pocket change. Not too worried about it.

[Clabbergirl]

I see what you mean. But the fridge and the stove - they are not attached, and they are purchases I made since living in the house. In other words, they did not come with the house like the cabinets did. The microwave also - it is the type that hooks under the hood but it wasn't there when I moved in, I upgraded. I was planning to take those.

I am not going to damage the house, nothing willfully at all. I have nothing against the bank wanting their property back since I can't pay them for it. I'm trying to avoid a bill for not mowing the lawn, or for leaving a chair in the bonus room.

[ValleYum]

Clabber? Have you asked your bank about "cash for keys"? If you are getting a couple of thousand dollars it may be worth it to get everything out of the attic and pay the neighbor's kid to mow your grass.

[LadyInTheRed]

The grass, however, is growing fast and my mower breathed its last breath. Does a homeowner get punished for things like unkept lawn (my HOA was included on my credit matrix so no worries from them coming after me), or removal of things left in the house?

The depends on your local laws and HOA requirements. If your HOA fines you for conditions on your property after you filed BK, those fines are not discharged. But, it could be that they would just become a lien on the property and not your personal liability. It depends on the HOA agreement.

My city has a blight ordinance that fines homeowners $1,000 if they don't clean up blighted conditions 60 days after receiving a warning. This includes overgrown vegitation. Check your local laws to find out if you have a similar law.

[Clabbergirl]

ValleYum, I have not. I'm not even sure where to begin. The last time I tried to contact the mortgage co, they sent me to some 3rd party that went around and around because the house is in foreclosure and I filed Chapter 7. Ugh.

A realtor friend of mine told me that I should stay until someone contacts me to move, and then to ask for $ for moving expenses. She swears this is how it's done and has done it herself. Her advice, however, goes against what 2 lawyers said, and what a lot of folks say here. I don't want to come home and find my things on the street, but yeah, moving expenses paid would be nice. I'm trying to at least not get sued after the fact of foreclosure.