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Gerald-Esquire, Lawyer
Category: Real Estate Law
Satisfied Customers: 3441
Experience:  30 years of experience.
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I closing on a foreclosure property. It is past the

Customer Question

I closing on a foreclosure property. It is past the redemsion period and I bought from the bank at auction. At the time of closing do I own everything in and on the property?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Gerald-Esquire replied 9 months ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

YES. When a bank forecloses on a property they take ownership of the property through legal process. During that process the previous owner has opportunities to remove their personal property. Any persoan property that is left behind is considered abandoned. So anything that remains becomes the property of the bank and ultimately the new owner.

As a matter of practice the bank usually hires a company to clean out the property prior to closing. So you may wish to be prepared for that. If there is something in the property that you specifically wanted to stay you should inform the real estate agent that you want that included in the deal.

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Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Customer: replied 9 months ago.
Follow up-
Both the bank and the auction listed this property as "occupied". The doors are unlocked and I have been in the property and know that there is no one living there. That being said, there are still personal items including appliances, furniture, clothing, a car in the driveway and a motorcycle in the garage. I have it on good authority (the neighbors) that someone(s) periodically returning to the house to remove more items. Is "on" the property the same as in the house? Do I own the car? Does the "occupied" status change anything?
Expert:  Gerald-Esquire replied 9 months ago.

There is no difference between on and in the property. BUT If they are selling it as "Occupied" that usually means that there is a tenant and that DOES change things.

In this situation the property is NOT abandoned unless and until the tenant moves out.

In fact you may have to go through an eviction process to remove the person from the premises.

As to the vehicle, it is titled property and belongs to the person to whom it is titled. Abandoned titled property is a complicated process. In only some states can you get title to an abandoned vehicle. In many states you have to have it removed by contacting law enforcement. These links describe the process in Michigan regarding abandoned vehicles:,4670,7-127-48268-130776--F,00.html,1607,7-127-1640_14837-123588--,00.html

Hopefully the individual will leave and remove the proeprty without it becoming a headache for you.

If you do have to go through the eviction process the magistrate court (Small Claims Court) will have the forms that you need.

Good luck.

Kind regards,