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We are moving out/leaving our home. Need some advice.

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    We are moving out/leaving our home. Need some advice.

    Our home is in foreclosure process, but I don't know where it is...we have not yet received notice of sheriff's sale. We are relocating out of state and plan to leave our home next week. I did ask the local customer service rep at 5th Third Bank about leaving a key with her. She made some phone calls and called me back and told me "A whole team of people will come to your home" This makes me nervous. We haven't trashed the place, but we are taking our fridge, stove and dishwasher, as well as kitchen cabinet hardware that reflected our intials, a shower curtain rod, our washer and dryer, and out water softener I'm afraid they will contest our taking these things or demand money.

    I don't know what to do. Should I plan to let them meet us at the home to hand over the keys? Should I have the utilities turned off? Obviously, we would rather not pay for utilities on this home any longer.

    Advice? Thanks. Best wishes to all.

    #2
    My only response would be that ABSOLUTELY I would turn off utilities. No sense throwing away the money.
    Not sure about the other issues -- I plan to take things with us when we leave too that some might have issues with -- but you know what - they aren't included in my mortgage, so don't really care. I paid for them outside of the mortgage so I don't see that they belong to the bank! We built this house ourselves and have all records which show what was paid for with the construction loan which was converted to our mortgage. Our appliances were paid for with cash -- they are mine!
    04/01/10 - Hit rock bottom and knew we were going to have to file for bankruptcy and surrender our home. 12/14/10 - Filed Chapter 7, 02/09/11 - 341 Hearing, 04/14/11 -

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      #3
      I tried to reply to this before and the forum refused to post my message. Let's see if I can recall... We are locking and leaving this weekend. I have scheduled utilities to be turned off on the next business day. We are taking most of the appliances, but not the dishwasher or hot water heater. I tried to speak with the lender about what they wanted me to do and they never answer or return calls (I've left messages). I'm sending the keys to their attorney after we're well out of the property. No sense having them snooping around before at this point. I talked to a real estate attorney and he assured me that they will secure the property and keep insurance on it once they learn it is vacant if they haven't already. We thought it would go to auction in May, but it doesn't look like it's been posted so it may not be until June. It is time to move one.

      Good luck to you!
      Stopped paying 8/2010, Filed 2/2011, 341 3/2011 done, Report of no distribution . . . Discharged & Closed 5/2011!

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        #4
        To the OP, being in FC still means you own the home.

        I can't see where they have any right to 'contest' your right to remove appliances. AFTER a sheriffs sale, then you are limited in what you can remove, but thats because you don't own it anymore.

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          #5
          You are entitled to anything you did not purchase when the home was purchased by you. In other words some houses are sold with stove and refrigerator. You cannot take them. Any appliances built in are "improvements" that cannot be taken. If you can plumb over the softener that is fine. If you built in things like air and heat, you cannot take that. If it is a window unit you can. If you put fans up, you can only take them if you have replacement fixtures and install them such as the original light or replacement light.

          I understand you built the place. I understand your feelings as I built three houses and am rebuilding our current one. Lots of labor but of love. Still a big job though and tough to leave behind. '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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            #6
            Originally posted by AngelinaCatHub View Post
            You are entitled to anything you did not purchase when the home was purchased by you. If you put fans up, you can only take them if you have replacement fixtures and install them such as the original light or replacement light. 'Hub
            Right you are, 'Hub! When I lost my house, I sold the gorgeous EXPENSIVE light fixtures I'd put in...and replaced them with items from Home Depot's bargain bins. (Picture a $1800 36 light entryway chandelier coming down and a $129 brass hanging globe thingie in its place!)
            Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
            New Job 7-2011

            Comment


              #7
              Originally posted by chicagoannie View Post
              Right you are, 'Hub! When I lost my house, I sold the gorgeous EXPENSIVE light fixtures I'd put in...and replaced them with items from Home Depot's bargain bins. (Picture a $1800 36 light entryway chandelier coming down and a $129 brass hanging globe thingie in its place!)
              LOL!! We've been selling some of our light fixtures and ceiling fans too. You did better than me though -- we've replaced them all with CHEAP Home Depot lights -- 2 pk fixture for $19.99! Found them on an end cap on clearance and bought enough to replace all the fixtures. We're taking the ones with us we want to keep and have already started selling what I'm not sure we would use somewhere else.

              We're also taking out the custom built closet systems and replacing them with the cheap closet shelf. Cabinets that we installed in the garage and laundry room are coming down - spackling the holes and not worrying about it. Contemplating taking down the over-the-stove microwave and replacing it with just an exhaust fan -- but we bought an extra wide microwave because we had a five burner cooktop, so not sure it will fit wherever we end up. Guess I could always sell it if it didn't.

              My husband is really dreading this move more than any other since it won't be a simple pack up everything and put it in the truck.
              04/01/10 - Hit rock bottom and knew we were going to have to file for bankruptcy and surrender our home. 12/14/10 - Filed Chapter 7, 02/09/11 - 341 Hearing, 04/14/11 -

              Comment


                #8
                What if something is stolen? For example, when we went to the home this week for more trash/recycle removal the neighbor came over and told me that our pool heater and pump were missing. My DH had worked out a deal with his old boss about the heater, that did not come with the house when we bought it, to resell it. But he has denied any knowledge of the missing pool pump that DID come attached with the house. So what happens when pool pumps, air conditioners, water softeners, etc. go missing from empty homes going through the FC process but not foreclosed on or BK filed yet?

                I have e-mailed my lawyer about this today and am awaiting a response to see what they say.

                Has anyone gone through something similar?
                Filed Chapter 7: Feb. 9, 2012
                341 Meeting: March 14, 2012
                Discharged & Closed: May 21, 2012

                Comment


                  #9
                  Originally posted by ssmdem View Post
                  LOL!! We've been selling some of our light fixtures and ceiling fans too. You did better than me though -- we've replaced them all with CHEAP Home Depot lights -- 2 pk fixture for $19.99! Found them on an end cap on clearance and bought enough to replace all the fixtures. We're taking the ones with us we want to keep and have already started selling what I'm not sure we would use somewhere else.

                  We're also taking out the custom built closet systems and replacing them with the cheap closet shelf. Cabinets that we installed in the garage and laundry room are coming down - spackling the holes and not worrying about it. Contemplating taking down the over-the-stove microwave and replacing it with just an exhaust fan -- but we bought an extra wide microwave because we had a five burner cooktop, so not sure it will fit wherever we end up. Guess I could always sell it if it didn't.

                  My husband is really dreading this move more than any other since it won't be a simple pack up everything and put it in the truck.
                  oooohhh ssm...I miss my 5 gorgeous 5 burner stove. And I had chosen one of those microwave ovens that also bake things....sigh ....you should see the NOT high-end appliances I have now! My oven is so basic it has NO timer, preheat indicator - not even GLASS in the door, so I have to open it to see how things are cooking! still...it beats being in debt ...or cooking by campfire (not by much, tho!)

                  I "splurged" on the $129 butt ugly brass foyer fixture, but the hallways got $4.99 glass globes, lol !

                  I got lucky when I was selling my appliances, etc., the people I sold to where "professionals" at buying from foreclosed owners - they got BEAUTIFUL expensive items at a great price and I ended up with about $8K in cash from them.
                  Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
                  New Job 7-2011

                  Comment


                    #10
                    Originally posted by AngelinaCatHub View Post
                    You are entitled to anything you did not purchase when the home was purchased by you. 'Hub
                    Do you mean we can take the things we purchased after we purchased the house, but if the things were in the house the day we purchased it, we can't? I called my attorney's office and was told OK to have utilities turned off and to call the bank after we leave and let them know. She said we would have to maintain house insurance until bank acquires deed. It's almost funny. I was sweating it out not knowing how long we would be able to remain in the home, knowing that we would be moving. Now that we have found another home, I want the bank to hurry up and take it. Don't especially want to pay insurance premiums on it....We also took down the light fixtures and replaced them with bargain bin stuff. I will kiss my single bowl undermount sink goodbye. I am so looking forward to living within our means. I've sold a lot of furniture and things that won't fit in our soon-to-be very small home, but it hasn't bothered me. It's just stuff. Best wishes to all....

                    Comment


                      #11
                      Originally posted by clc08 View Post
                      She said we would have to maintain house insurance until bank acquires deed.
                      Our homeowner's insurance was included in the escrow we paid. As we haven't made any payments on the home since 2009 and therefore we have not made any insurance payments. Our lawyer never even mentioneed anything about it. Now that the pool pump has been stolen I am getting a bit nervous about things again....
                      Filed Chapter 7: Feb. 9, 2012
                      341 Meeting: March 14, 2012
                      Discharged & Closed: May 21, 2012

                      Comment


                        #12
                        Originally posted by clc08 View Post
                        Do you mean we can take the things we purchased after we purchased the house, but if the things were in the house the day we purchased it, we can't? I called my attorney's office and was told OK to have utilities turned off and to call the bank after we leave and let them know. She said we would have to maintain house insurance until bank acquires deed. It's almost funny. I was sweating it out not knowing how long we would be able to remain in the home, knowing that we would be moving. Now that we have found another home, I want the bank to hurry up and take it. Don't especially want to pay insurance premiums on it....We also took down the light fixtures and replaced them with bargain bin stuff. I will kiss my single bowl undermount sink goodbye. I am so looking forward to living within our means. I've sold a lot of furniture and things that won't fit in our soon-to-be very small home, but it hasn't bothered me. It's just stuff. Best wishes to all....
                        Yes is the correct answer. I would take pics of all the day you leave. I'm not sure about taking appliances that were sold with the house but legally they belong to the house and could be within the description or Deed. Anything you added in is yours, anything you permanently attach belongs to the house.

                        About theft. It is true and unfortunate that jerks rip off these empty houses big time. Mrs. and I have seen well pumps gone etc. including the air conditioner compressor off of a Church, just for the copper. For the banks it is best that they let you stay just to protect the place, but some don't see it that way. '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


                          #13
                          @Hub:

                          How would you define "permanently attached"?

                          Not busting chops or hijacking the thread, just being curious on how you see it, and with a valid reason, trust you me...

                          Good luck to us all.
                          No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

                          Comment


                            #14
                            Originally posted by BananaCabana View Post
                            Our homeowner's insurance was included in the escrow we paid. As we haven't made any payments on the home since 2009 and therefore we have not made any insurance payments. Our lawyer never even mentioneed anything about it. Now that the pool pump has been stolen I am getting a bit nervous about things again....
                            Once you move out of the house, the insurer will cancel the policy anyway. The lender gets their own insurance & they name themselves as the loss payee. Don't worry.
                            There are two secrets for success in life:
                            1.) Never tell everything you know.

                            Comment


                              #15
                              I would not agree to meet anyone, If no forclosure action took place. I would leave and take what I want then notified the bank. My neighbor tried to be nice and do a shortsale for bank , they moved out and planned to come back for refrigerator and microwave, the weekend b4 closing they went to get them and the people were already working in the house, and refused them entry. They told them to ck with bank. So at the closing the bank refused them the ref and microwave unless they paid for them since they had no MPI on house.
                              chpt 7 ,5-2009

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