Can I remove appliances like dishwasher and stove hood which I and added in an upgrade, not originally in the house, when forclosed?

Asked by linda10315, Cleveland, OH Thu Apr 24, 2014

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Matt White, Agent, prescott, AZ
Sat May 3, 2014
Speak to an attorney.

Other practice: as long as you replace the pieces with the original working items...and you still own the home. If the bank has assigned an agent to do a BPO and photos have been taken with the items in question evident in the photos, the bank will likely file charges if those items are missing. The bank does not know who "took" the items, it could have been a burglary. Thus the reason for filing charges.

Personal property can be removed as long as it isn't attached.
6 votes
Jim Olive, Agent, Key West, FL
Fri Sep 12, 2014
REMOVING the appliances is WRONG. REPLACING them is not. If you bought the new appliances with your money after moving in, and the property still belongs to you (bank has not yet foreclosed), then you can certainly replace those appliances with other, working appliances. The bigger issue is that the bank is (theoretically) going to lose a lot of money because you did not live up to your end of the mortgage agreement, so they have a legitimate reason to want to get as much back as they can, so they don't want you selling the good stuff and pocketing the money.
0 votes
Scott Godzyk, Agent, Manchester, NH
Sat Aug 30, 2014
The bank can hold you responsible for anything that was attached the was removed. There are variable sand the best person to tell you for your state laws is a local real estate lawyer. Some banks will file a claom with your insurance company for missing items where allowed.
0 votes
Kirk Brewer, , Chandler, AZ
Sat Aug 30, 2014
Linda,

The answers below by Matt White and James Wehner pretty much nailed it. Take heed of their excellent advise. Having worked for a bank for many years, and being involved in all types of issues surrounding foreclosures, the best recommendation I can give you is to be very cautious in removing any "fixtures" from the property (e.g. anything attached, which includes standard appliances), without replacing them with comparable working models. Error on the side of caution. You don't a financial hardship to turn into a potential criminal matter.

Best wishes.

Kirk Brewer
Senior Mortgage Advisor | MLO#150287
Pinnacle Capital Mortgage - East Valley
Tel: 602-290-6667
Email: Kirk@PCMeastvalley.com
0 votes
James Wehner, Agent, Scottsdale, AZ
Thu May 1, 2014
For best advice, speak to a real estate attorney. Theoretically, if the house was purchased with appliances in place, then you should leave appliances in place. I have witnessed the upgraded stainless steel appliances removed from homes and replaced with standard grade appliances.

There have been cases where the previous homeowners have been brought up on charges for removing items from the home prior to foreclosure.

Best regards,

James Wehner
West USA Realty
480-323-5462
0 votes
Annette Law…, Agent, Palm Harbor, FL
Fri Apr 25, 2014
The rules say no.
The prevailing practice says yes.

If you are still the owner of the home, you can do what owners can do.
If the bank owns the home....and you have been booted out, that means you are not the owner and you need to stay away from that house.
0 votes
RonS, , Concord, CA
Fri Apr 25, 2014
if it has already gone through foreclosure, you would be subject to criminal prosecution from tresspassing and theft if you entered the property and removed anything. Anything personal that belongs to you is required to be held for you for a certain period of time, afterwhich, they can dispose of it if you do not claim it.
0 votes
Isabella Joh…, Agent, Phoenix, AZ
Thu Apr 24, 2014
If the property is attached, secured or built into the home, no, you cannot remove. However if it is not attached, it is considered personal property and can be removed. It is always best to check with your lender if in doubt.
Best of luck to you!
Isabella Johnson
Century 21 Arizona Foothills
0 votes
Simon Campbe…, Agent, Miami Beach, FL
Thu Apr 24, 2014
The foreclosure will allow you to remove any personal property. Personal property is defined as "A type of property which, in its most general definition, can include any asset other than real estate. The distinguishing factor between personal property and real estate is that personal property is movable. That is, the asset is not fixed permanently to one location as with real property such as land or buildings."

Any built-in appliances, fixtures such as lights, faucets, door knobs and hardware are permanently attached to the house and are part of the real property. Items like refrigerators that simply plug into the wall are considered personal property. If something is built-in, secured to the walls, floors or counters by bolts, is wired to the house or otherwise attached besides being plugged in or clamped into a gas line it is considered personal property.

Here is an interesting discussion about this: https://www.biggerpockets.com/forums/41/topics/68176-applian…
0 votes
Edward Mazma…, Agent, Corona, CA
Thu Apr 24, 2014
If it's built in no. If it's a free standing stove yes. The hood is attached though. If it's built in it's a fixture and that would be stealing from the bank. Simple as that. Unless you replace it with the old stove that was there before.
0 votes
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