First Weber Group
Certified Distressed Property Expert
You can do anything you want, the question is can you do it legally and what are the consequences? Legally, any "personal property" attached permanently to real estate becomes a part of that property. An example might be a bookcase anchored or affixed permanently to the wall so that it becomes a cabinet. A bookcase standing against the wall would still be considered personal property. In a sales transaction, you can include or exclude just about anything you want- the drapes or shutters, the chandelier, etc. I've seen Foreclosures where the Kitchen cabinets, appliances and electrical fixtures- even down to the light switches- have been removed by the homeowner. Is that legal? Probably not, since the Lender could argue that you've rendered the home to be less habitable than when you bought it. Taking off an interior room door or the fence is possible [unless it exposes a pool, then you're now creating criminal laibility and negligence for yourself]. Taking windows would definately be considered at the very least, vandalism and possiby theft. The Lender could prosecute, since he won't be able to sell without replacing these items. It probably wouldn't be worth your effort to do so, since the resale value is very low on such items, when viewed against the legal liability. You'd be better off to do a HAFA Short Sale on your property and get the $3000 moving allowance. This would get you a better Credit History rating than a Foreclosure, and would definately be better than a Criminal record. There is life after Foreclosure, and even a better life after a Short Sale. Call me at 559/916-1442 or email at RWeaver@LondonProperties.com and I can share with you some other thoughts about your situation. Good luck!
Look at it from the banks view. Will it be vandalism if you pull out windows, doors and a fence? What will the neighbors think? Will the fence open up a danger to the pool if you remove it?
This market and the foreclosure issues have yet to come to a head. I don't know if banks are going after damages from homeowners which are beyond the loss of the mortgage, I for one would not want to leave that open to come back and get me in the future.
So the question isn't really CAN you, as you know you probably are physically able to do so, the real questions is SHOULD you? That comes down to integrity.