Foreclosure question?
Question:
Answer:
You would be able to take all of the personal belongings that are in the house, but not any fixtures. If you installed a fancy, expensive fixture and you want to remove it, you should replace it with something more standard.
Fixtures are usually considered as anything that is permanently attached to the property. You can't take the furnace, or copper pipes, or the sink. The ceiling fans would have to stay or be replaced, since just removing them may cause damage to the property, and are not generally considered personal property.
Potted plants may be either, depending on how they are attached to the property. If it's a full landscaping job that would damage the yard and was installed to be permanent, then it may be considered fixtures. Pots just sitting around the property could be removed, though.
An antenna would most likely be considered personal property, as it could be removed without causing damage. Antennas are usually installed with the purpose of being able to remove them later, if there is a change in service, or you upgrade, move, etc. The TV is personal property, so an antenna that is used for HDTV would probably be considered personal property, as well.
For any of it, though, one of the main considerations is the intent that you had when installing the items. Did you mean for them to remain with the property even if you sold it to someone else? Will removing them cause damage to the property?
Of course, some homeowners in foreclosure completely strip their properties of any useful items, including the windows, doors, fans, furnace, pipes, wires, etc. But I'm assuming you're more ethical than that.
Good luck.
ForeclosureFish
http://www.foreclosurefish.com/...
In any sale what you can take depends, at least in part, on the contract. Generally all fixtures, those things attached to the property, are included in a sale. If you intend to take things that would normally be included you would have to spell that out in the contract for sale and the bank may not agree to the short sale then.
The potted plants are personal property so yes. You can take the antenna and ceiling fan, however you must disclose it in to your prospective buyers that such things are not included and make sure it is disclosed in the contract. Also, since it is a short sale, the bank must approve of it,
As with any real estate sale, you are to leave in place things which are considered 'fixtures'. These items include any electricals which are permanently wired, as opposed to those which plug into an outlet, as well as any improvement which is similarly attached to the physical premises.
Certainly potted plants can be taken, since they are easily movable
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