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JoeLawyer, Attorney
Category: Bankruptcy Law
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Experience:  Attorney in the practice of Bankruptcy Law since 1996
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My home is being foreclosed & sold on January 12. Can I sell

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My home is being foreclosed & sold on January 12. Can I sell the Air Conditioner as the home is titled to me until it is sold?
Hi Larry:

Generally speaking, a person is not allowed to sell a "fixture" but may sell personal property in anticipation of a foreclosure sale.

You can read the definition of a "fixture" by clicking here. A fixture is basically a piece of personal property which is affixed, or annexed, to real estate, and thus becomes part of the real estate instead of personal property.

My guess is the air conditioner is affixed to the house and is thus a "fixure," but if it is a window air conditioner, then it is probably still personal property and can be sold.

The logic behind the law is this: If a homeowner is allowed to remove something that has been attached to the house prior to a sheriff sale, then the entire house could be deconstructed and sold, which would shaft the bank. In other words, if you were allowed to remove and sell an attached air conditioner, why not remove the siding and sell it? The shingles? The frame?

So, probably selling the air conditioner is something the bank could object to later. Realistically would the bank notice it was gone, or if they did notice, do anything about it? Who knows, maybe not, but the general law is that you are not supposed to sell a fixture on the eve of a foreclosure sale.

Sorry I didn't have better news but I thought you would appreciate an honest answer instead of me just telling you what you hoped to hear but then you getting in trouble for it!

I hope this helps and a positive feedback is always appreciated if this was useful to you even if it wasn't the best news...

Good luck

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Customer: replied 7 years ago.
Thanks for answering my ?. I did not think it would be wise to sell the attached Air Conditioner & now I know I made the right decision. Thanks for a SPEEDY reply. Larry
No problem Larry, happy I could help.

Thanks for using!

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