If being foreclosed on can you take the appliances?
by Mortgage Rates on Tuesday, October 12th, 2010 | 7 Comments
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You can take anything thats not considered a fixture. Appliances are not fixtures….kitchen cabinets, the sink…those are fixtures. You can take all your appliances, the bank wont say anything.
You should be fine taking the appliances. A lot of homes are sold without them, so you are fine. Good luck & I am sorry to hear about your situation.
If you took your house and turned it upside down, whatever isn’t attached it yours..same as if you were selling it.
You should have no problems taking all of the appliances you purchased which are free-standing, e.g. refrigerator, washer, dryer, window-unit air conditioner, a regular stove.
You would be in big trouble if you have, for example, a built-in counter-top cook top, built-in wall ovens, range hood, built-in dishwasher. If it is attached to the walls, set into the cabinetry, or otherwise “permanently” affixed to the structure, then it is part of the house. E.g. you can take all of your lamps, but not the dining room chandelier hanging from the ceiling. Ripping out fixtures becomes damages you can be charged for.
Anything you can detach from the property without doing damage to the property you can take with you. If your appliances weren’t in your house when you bought it, I can’t see anyone complaining about them not being in your house when it’s foreclosed on.
The one case I’ve heard of on the topic declared that the hooks that drapes were hung from were part of the house because they were bolted to the wall and taking them off made a mess of the wall, but the drapes themselves were not, since they just hung loosely from the hooks.
yes you can take them… except if it was noted specifically not to… good luck
Hi well, I guess you want the right thing to do. Take your appliances! Now, if the allowance amount was funded in the loan, then put some appliances in it, maybe not as nice, but appliances. If the credit lowered the sale price that percentage of the laon to the sale price was financed and should be considered collateral, but I’m sure that a UCC filing was not filed by a home lender for a stove and that Uniform Commercial Code is the proper way for a lender to perfect thier interest in personal property, so if it’s not filed, they don’t have a lien on it. Take the appliances, I’d probably look at it like the first thousand dollars of the principal paid bought the appliances.
I have never heard of a lender chasing down someone for a stove or other appliances.
Now, another point. Real property includes property which could be personal property originally by the manner inwhich it is afixed to the property. A refrigerator is not attached and is clearly personal property. A drop in counter top stove is very much attached to the house, so is a built in oven. If that’s what you have and you want it, go buy another unit and drop it in for them. Sorry to hear about your situation, but it’s not the end of the world. It’s nice you asked the question, most probably wouldn’t even ask now days. Good Luck to you and yours. Bill