my house is for foreclosure the morgage is nt in my name my name is only on the deed what will happen to me if i sell any kitchen cabinets

Asked by Mary, 06880 Thu Nov 19, 2009

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Dan Ross, Agent, Southington, CT
Thu Nov 19, 2009
With the same caveat as Don, I am not a lawyer, and this is not legal advice. When you signed your mortgage with the lender, you agreed to pledge the value of real property against the note. Devaluing the asset by selling anything from it could be construed as mortgage fraud. Consult your attorney about it, and the possible ramifications.
It sounds like you already have some challenges in your life. You probably shouldn't do anything that would be likely to make your life any more difficult than it already is.
1 vote
Don Tepper, Agent, Burke, VA
Thu Nov 19, 2009
I'm not a lawyer, so this isn't legal advice. For that, please consult a lawyer.

However, because your name is on the deed, you are/were the/an owner of the house. The kitchen cabinets are permanently attached fixtures. If the foreclosure has occurred, you no longer own the house. The bank does. So the cabinets wouldn't be yours to sell. If the foreclosure hasn't occurred yet, it'd still be wrong to sell the kitchen cabinets. Don't do it.
1 vote
Nancye Fritz, Agent, Westport, CT
Tue Jun 12, 2012
It will all depend on your lender. I would agree that some banks are collecting fromt he insurance companies that than go after the owners. I had this happen with a Deutshe Bank loan.

Keep in mind that you will only get a small percentage of what the cabinets are worth, so you need to ask yourself if it is worth it. most banks have a "cash for keys" program where they will pay you to vacate after the foreclsure if everyting is left in good condition. This may be a better course of action for you.

Depending on your bank there are many ways to avoid foreclosure, that may be in your best interest. Make sure you have checked all the options.
0 votes
Minna Reid, Agent, Woodbridge, CT
Wed Nov 25, 2009
Hey James -do you have a particular case you could share of this having happened? I'd love to hear about it. Not that I'm questioning you, just curious. I just can't see who actually has legal ground to do it and have yet to hear of an actual prosecutable case.
0 votes
James Gordon…, Agent, Hamilton, OH
Wed Nov 25, 2009
What Happens to Sellers Who Strip Their Homes?
According to a representative from Downey Savings and Loan, it's the home owner's insurance companies that are most likely to pursue and prosecute sellers who vandalize or strip their homes while in foreclosure. When the bank receives title to the home through foreclosure proceedings, many banks submit an insurance claim to the existing insurance company to cover damage and missing real property items.

Insurance companies then actively go after the sellers because the company has faced a loss due to the seller's intentional behavior. Believe me, insurance companies are relentless, committed to collection and will prosecute to the fullest extent of the law.
0 votes
Minna Reid, Agent, Woodbridge, CT
Wed Nov 25, 2009
While this may be morally objectable, I dont think anyone can actually do anything. You own the house whether it is encumbered or not. The cabinets are yours ( unless the bank has already foreclosed).
I know theres a lot of confusion on this issue, but I dont believe you can face any penalty for defacing your own home. HOWEVER - where I believe this will come into play is in a deficiency judgement. The house will sell for less eventually because there are no cabinets. If the foreclosing lender wants to pursue the former mortgagor, the deficiency will be for a higher amount.

Of course - Whether its legal or not - do you really feel right about this?
Web Reference:  http://www.homesbyminna.com
0 votes
Dan Chase, Home Buyer, Texas City, TX
Thu Nov 19, 2009
There have been more and more reports of people going to jail for this kind of activity. Is it worth it for a small amount of money used cabinets would bring?

It is illegal to sell something that does not belong exclusively to you.
0 votes
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