My house is going to sheriff sale. Can I take lighting fixtures that we installed recently. A bank appraiser said to take the newer furnace.

Asked by Mario, 45014 Wed Jan 25, 2012

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colter92644, Home Buyer, Fairfield, OH
Wed Sep 12, 2012
If you leave the back door unlocked perhaps a bugler did it after you left (of course you took pictures of the condition you left it in). Happens all the time. Darn thieves are just waiting for foreclosures to be vacant. I bet it would happen to our house. I have been meaning to get that back door fixed.
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Allison Fish…, Agent, Ann Arbor, MI
Wed Jan 25, 2012
I would not take anything attached to the house out. And if you were going to I would cover yourself by having signed documents from the bank. And as Roland said if it something that is really important to you then replace it with a cheap vesion but leave something.
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Don Tepper, Agent, Burke, VA
Wed Jan 25, 2012
Don't do it.

James appears to have cited the applicable law.

Yes, folks sometimes strip houses. (And they've been known to pump concrete down shower drains, too. Or punch holes in walls. Or remove all the doorknobs.) Doesn't mean it's right. And you could get into trouble.

With the lighting fixtures, you could do as Roland suggests--replace the (presumably) nice ones you recently installed with other functioning ones. Same with other items that you could replace. But I wouldn't touch the furnace.

Leave the house in reasonable, functioning condition. Then move on with your life.

Hope that helps.
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Roland Vinya…, Agent, Sprakers, NY
Wed Jan 25, 2012
I would not take them without written permission from the bank. Yes, such things are done all the time and just because no one gets prosecuted does not mean that it is not illegal. Sometimes my clients ask such questions and I tell that if those fixtures are so important to you, take them and replace them with something else of less importance that works. If they are they when the buyer sees it, then they have every right to expect to get them - unless of course it is disclosed in the Purchase Contract. Since the appraiser for the bank saw them, then the bank will know they are there.
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James Gordon…, Agent, Hamilton, OH
Wed Jan 25, 2012
Mario the appraiser is not a lawyer. Also the appraiser may be trying to get you in more trouble. I am sure that he should be familar with this part of the Ohio revised code.

5301.61 Removal of fixtures or improvements from mortgaged realty.
No person having an interest in real property, buyer, lessee, tenant, or occupant of real property, knowing that such real property is mortgaged or the subject of a land contract, shall remove, or cause or permit the removal of any improvement or fixture from such real property without the consent of the mortgagee, vendor under the land contract, or other person authorized to give such consent.

Effective Date: 01-01-1974
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Martin Macis…, Agent, South Portland, ME
Wed Jan 25, 2012
This is not a legal opinion nor a well thought out answer, but if it's your property and has no conveyed over to the bank and you have no prior agreement with the bank in writing, then you may be able to take fixtures, however, you should check the mortgage and note for any special clauses.
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Tim Moore, Agent, Kitty Hawk, NC
Wed Jan 25, 2012
I assume you want an honest answer so I will give you that and another answer. You are suppose to leave anything attached and if you need to unscrew, unbolt, cut, saw out or pry off than you should leave it. Personal property can be removed but a furnace is not personal property and neither is a light fixture.

Now, in all honesty you have nothing since you are being evicted from your home. You likely don't have the pot to pee in (unless you take the toilet too but you did not mention that) so what will the bank do? Would putting you in jail get them much, other than the satisfaction?

Good luck
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