Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Thanks for your question and good afternoon.
You may well argue this is not part of the property and improvements to it.You added it after purchase here.It would be better if you were to have one that has premade type flooring and no cement foundation.
In such a situation you would be able to sell it off.You would simply do so prior to letting house go into foreclosure.
Since this was not part of your purchase not used as part of collateral when loan was made you certainly would be able to remove it prior to letting the property go here.
By avoiding say cement foundation you avoid any argument it was permanently attached to land and became a fixture somehow.
Many of the premade ones are made with this in mind they have pre made floor and come non attached to the land and are easily removed.
And again since it was not part of prior sale nor financed as part of it you have good argument here that you can sell it or move it if the time comes that you need to do so.
There is no cement foundation just wood flooring. If our home goes into foreclosure before we can get it sold, are you saying that would change the legal scenario somehow?
I think you need to remove it here before the property is sold.If the lender here takes the house back and sells it there may be a dispute.
Legally I think you have a great case to do so here prior to nay foreclosure.
This avoids any claims otherwise.
Okay, that I can understand. Thank you Ray for responding so quickly!
If you are going to let property go at some point you need to sell it or remove it elsewhere.
You are so welcome.
If you can leave a positive rating it is always appreciated.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).