Home Buying in 95822>Question Details

Margrace, Home Buyer in 95822

Fixtures were taken from bank owned house just before closing. No forced entry, and we have b4 and after pics. Any recourse?

Asked by Margrace, 95822 Wed Feb 23, 2011

We bought a FNMA house. We took pics during our walkthrough. When the property closed, we got our keys and found that many lighting fixures as well as blinds were gone. No forced entry but there were contractor and agent lockboxes on the house. No contractor work was being done. Obvious signs people had been there - air fresheners with new dates on them, a broom and a few other details. I know bank-owned props are as-is, but we bought the house with these items in it. We aren't confident of getting paid back but we are looking into it. Thanks!

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Hi Margrace,

You are correct in that these items should not have been removed unless otherwise agreed to in writing. I would be surprised if the Bank or any of their reps. were involved. It very well could have been the former owners who came back and gained entry with an old key. Either way, I would file a Police report and notihfy your Broker & Agent. Have them notify the Listing Agent that you did not receive possession of the home as agreed to in writing. The Listing Agent should be able to pick up a report from the local Board of Realtors which will list all individuals who gained acces to the home via the Supra lock box during this period the items were removed. The only exception to this will be if the lock box was a combination lock box. You should also consult a licensed Attorney that specializes in real estate law if you feel your best interests are not being protected. Lastly, make sure you change all the locks to the home. Best of luck!

Matt
2 votes Thank Flag Link Wed Feb 23, 2011
Matt gave a great answer, and mostly complete. I am curious - you mentioned new air freshners and a broom. Usually bank owned homes aren't cleaned up prior to closing, but it does seem like someone came in to clean. Maybe they cleaned out the fixtures too? Have the agents look into whoever may have cleaned the home just prior to closing.

Good luck.
1 vote Thank Flag Link Thu Feb 24, 2011
I would have your agent contact the listing agent. Fannie Mae in fact does have asset management workers come by to clean just before the closing. I encountered that during a final walk-through with a buyer who purchased a Fannie Mae owned home. While I was at the property with the buyer, someone knocked on the door to check on the property and from what he said he was there to clean, but he ended up not doing it when I told him that we were there for the final walk-through. If you purchased with a Fannie Mae HomePath loan, there would also have been a locksmith at the property to replace the lock just before closing. I would put this back in the lap of the listing agent and have them look into this as they have access to the asset managers. It's worth a shot. If that does not resolve the problem, you will probably be better off letting it go unless the items that had been taken were high end and not just the standard light fixtures and blinds.
0 votes Thank Flag Link Sat Mar 12, 2011
Ute Ferdig -…, Real Estate Pro in New Castle, DE
MVP'08
Contact
It depends on the documents you have signed confer with your buyers agent

Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
972-699-9111
http://www.lynn911.com
0 votes Thank Flag Link Wed Mar 2, 2011
What ever answers or opinions you may obtain, "Legal Recourse" and the attorneys will cost you a lot more than your losses?
0 votes Thank Flag Link Wed Mar 2, 2011
Excellent response Matthew.

Happy funding, Rudi
Web Reference: http://www.umboc.com
0 votes Thank Flag Link Wed Feb 23, 2011
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