My house is to be sold in March 2012, how long do we have before we have to move out? Can we move before the sell?

Asked by Janet Boswell, Maryvale, Phoenix, AZ Tue Dec 20, 2011

We purchased all of te appliances, stainless stell stove, microwave, and refrigerator, can we keep them, after the house is sold?

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Brad Bergamini’s answer
Brad Bergami…, Agent, Prescott, AZ
Wed Dec 21, 2011
If you are being foreclosed on Stay put. The new owner will have to evict you. Usually, if the home is in good shape you can get 'cash for keys'. Your personal items are your own.
Best of luck to you,
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Susan Lehmku…, Agent, Scottsdale, AZ
Wed Dec 21, 2011
If your home is schedule to go to auction in March of 2012, you don't need to move out at this time. First, you should consider a short sale. It's possible that you would be able to delay the short sale if you list the house with a reliable real estate agent and attempt to short sale. The banks are being more and more cooperative with short sales, so you should explore this avenue. Before listing it for sale however, please consult a real estate attorney and your accountant so you understand the liabilities associated with short sale versus foreclosure.

With regards to the appliances, many people take the appliances when they walk away from a house however the stove and microwave (if built in) are considered attached and should be left. The refrigerator is considered personal property and unless negotiated into the deal, can be taken.
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Jeff Lee, Agent, Phoenix, AZ
Tue Dec 20, 2011
Sorry to hear about the loss of your home and I assume you have resolved all methods available to keep your home and you have consulted with an attorney. But at the end of the day, if you are the previous owner of record, you have as long as the new owner allows you to stay. There is no 30 or 90 or any amount given to you. It is entirely up to the new owner. New owner may elect to even renting the home to you but that is something you should negotiate if you both parties are interested.
As far as the attached appliances and other attached items, those items are also property of the new owner and removal of those items can be cause for criminal charges against you. The attached items are part of the sale, just like the toilet, flooring, window coverings, etc.
"Cash for keys" seldom happens in a trustee sale acquisition but again, if you are able to negotiate something with the new owner, great.
Our team purchase properties on behalf of investors almost daily in the Phoenix metro area. And against popular perception, many of the homes are left behind by the previous owner in amazingly good condition. I believe it's a matter of pride; one may loose their home due to economic or other factors, but most people don't want to be thought of poorly.
Most likely you will be able to turn your life around to the positive after this experience. Take it as an education and learn from it. Best of luck to you.
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Jason Webb, Agent, Glendale, AZ
Tue Dec 20, 2011
No one here will be able to answer these questions without seeing the lease agreement. You may not even have to move out after the house sells. If the appliances are yours, you can probably keep them unless you made other arrangements with the landlord/owner. Again you will have to refer to your lease agreement.

If your lease has not expired, you may have to stay through the end of the lease. If you want to move early, talk to your landlord and see if you can terminate early. Be sure to get any agreement in writing.

I recommend talking to a lawyer if you are unsure of your rights under the written lease agreement. Link to landlord and tenant act below.
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