Foreclosure in Fresno>Question Details

Carole, Home Owner in Fresno, CA

i put in a pool a fence a shop can i take the fence and the windows

Asked by Carole, Fresno, CA Sun Nov 14, 2010

2 years agao I was awarded over a million dollars I put in a swimming pull, a shop with an office upstairs. and a fence along the property. I am in the middle of a forcloser can I take the fence, and the windows and doors that I paid for?

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Keith Manson- Metro Milwaukee Wisconsin’s answer
You can do what ever you want as long as your willing to accept the consequences! Especially if you have assets, you better really think hard before you take anything out of the house. The bank might not persue deficiency rights but if you give them a reason (in this enviornment) you can bet they will press charges for taking fixtures from the property.

Keith Manson
First Weber Group
Certified Distressed Property Expert
Metro Milwaukee
0 votes Thank Flag Link Mon Nov 15, 2010
The items all sound like fixtures which are permanently attached. Once personal property is attached in a permanent fashion they are considered real property. This basically means that they are part of house and they are to remain with the house.
0 votes Thank Flag Link Sun Nov 14, 2010
Carole, I'm sorry to hear about your financial circumstances, they are all too prevelant today.

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 and I can share with you some other thoughts about your situation. Good luck!
0 votes Thank Flag Link Sun Nov 14, 2010
This is a tricky question. In the deed you signed you agreed to maintain the house. If you strip the house and leave it worse than what it was like when you got your loan that would be in violation of your Promissory Note to your lender. Granted, so is not paying the mortgage.

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.
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0 votes Thank Flag Link Sun Nov 14, 2010
no because it is part of the property
0 votes Thank Flag Link Sun Nov 14, 2010
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