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Homeowner has been denied load modification & short sale, house

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was then sent to auction...
Homeowner has been denied load modification & short sale, house was then sent to auction & purchased. What can the ex homeowner take w/ them when they move from the house? When do they have to be out?
Submitted: 6 years ago.Category: Real Estate Law
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9/18/2011
Real Estate Lawyer: Law Pro, Lawyer replied 6 years ago
Law Pro
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Satisfied Customers: 24,870
Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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The homeowner can take all their personal property with them when they leave. They cannot take "fixtures" or they may be liable for mortgage fraud.

What is a fixture?

A fixture something securely, and usually permanently, attached or appended, as to a house, apartment building, etc.: a light fixture; kitchen fixtures.

If they don't voluntarily leave the new owner can file an unlawful detainer action against them and have the sheriff physically remove them. This takes about a month to do such.

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Customer reply replied 6 years ago
what happens if fixtures are removed, what are the concquences?
Real Estate Lawyer: Law Pro, Lawyer replied 6 years ago
They can pursue mortgage fraud potentially - basically it's theft for a homeowner to "strip" a property of the fixtures. It's criminal potentially - even jail time.






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Customer reply replied 6 years ago

Okay- even if there was documentation in short sale paperwork that specific fixtures were to be removed? Like a fan or chandilear? Arn't houses purchased at Auctions sold "as is"?

Real Estate Lawyer: Law Pro, Lawyer replied 6 years ago
Yes, they are. AND the fixtures were there when they purchased the property at the auction.

If during the short sale - it was agreed that certain fixtures would be removed - then the owner could remove them.

However, if the short sale didn't occur - then the homeowner takes the fixtures at their risk of potential criminal prosecution.






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Customer reply replied 6 years ago
Interesting... What if a fixture was removed but then replaced with another fixture?
Real Estate Lawyer: Law Pro, Lawyer replied 6 years ago
That's still theft or mortgage fraud potentially.

It's done - like replacing a $5k chandelier with a $50 chandelier, etc.

That's theft potentially.


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Customer reply replied 6 years ago
What is mortgage fraud exactly?
Real Estate Lawyer: Law Pro, Lawyer replied 6 years ago
In the context we are discussing - "home stripping".

Home stripping is the removal of fixtures, cabinets, and countertops from a home or other property.

Some homeowners in default are desperate for cash justify stripping the home as a way of getting back some of the money they invested in the property. The removal of these fixtures severely drops the value of the home. This decline in value and appearance is effecting neighborhoods and communities. Appraisals of nearby properties based on those comparable sale prices make it harder to sell well-kept properties.


The prosecution of such actions is becoming more and more prevalent.





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Customer reply replied 6 years ago
If the ex-homeowner currently is living in the house, and they get a '3 day notice to quit' how long do they have to vacate the property?
Real Estate Lawyer: Law Pro, Lawyer replied 6 years ago
They don't have to leave until they receive notice that a writ of possession has been given to the owner.

That means that the owner files an unlawful detainer action against them, wins in court, then the judge issues a writ of possession which is either personally served by the sheriff or posted on the door and mailed to the occupant - giving them 5 days within which to leave.

If they don't leave within the 5 days - the sheriff can come and physically remove them.

So you have about 3 weeks from the time they file an unlawful detainer action.



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Real Estate Lawyer: Law Pro, Lawyer replied 6 years ago
Please ask for "Law Pro" if you have any further future questions!

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Customer reply replied 6 years ago

Whats a writ of possession? how does one know when an unlawful detanir has been submitted?

Real Estate Lawyer: Law Pro, Lawyer replied 6 years ago
OK this is getting beyond the original question and explained without an "accept" being given.





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