Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Homeowner has been denied load modification & short sale, house…

Customer Question
Homeowner has been denied load...
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
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 8 minutes by:
9/18/2011
Real Estate Lawyer: Law Pro, Lawyer replied 6 years ago
Law Pro
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24,870
Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Verified

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.

Please ask for "Law Pro" if you have any further future questions!



Please click on the ACCEPT button for my answer so that I receive credit
for assisting you (even if you placed a deposit or have a subscription
program). You may continue to ask follow-up questions after accepting.
If the information is helpful, I would very much appreciate positive
feedback. Bonuses are also appreciated. If you do have a follow-up
question, press REPLY, NOT relist, or else I won't receive the question.

Ask Your Own Real Estate Law Question
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.






Please ask for "Law Pro" if you have any further future questions!

Please click on the ACCEPT button for my answer so that I receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.



Ask Your Own Real Estate Law Question
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.






Please ask for "Law Pro" if you have any further future questions!

Please click on the ACCEPT button for my answer so that I receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.
Ask Your Own Real Estate Law Question
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.


Please ask for "Law Pro" if you have any further future questions!

Please click on the ACCEPT button for my answer so that I receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.
Ask Your Own Real Estate Law Question
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.





Please ask for "Law Pro" if you have any further future questions!

Please click on the ACCEPT button for my answer so that I receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.
Ask Your Own Real Estate Law Question
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.



Please ask for "Law Pro" if you have any further future questions!

Please click on the ACCEPT button for my answer so that I receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Law Pro, Lawyer replied 6 years ago
Please ask for "Law Pro" if you have any further future questions!

Please click on the ACCEPT button for my answer so that I receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.
Ask Your Own Real Estate Law Question
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.





Please ask for "Law Pro" if you have any further future questions!

Please click on the ACCEPT button for my answer so that I receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Pro Your Own Question
Law Pro
Law Pro
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24,870
24,870 Satisfied Customers
Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.

Law Pro is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
2 homes. Individual mortgages. No will. His mortgage co Will
2 homes. Individual mortgages. No will. His mortgage co Will not discuss situation with me. Death certificate provided. I see it is up to to be bid on for foreclosure. Condo is remaining estate, many … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers
I have a home in VA which would appraise for say $170K. The
Second opinion] Hi, I have a home in VA which would appraise for say $170K. The house is completely paid off. I would like to refinance the home or get a home equity loan but I can't because even thou… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
910 satisfied customers
I have a home in VA which would appraise for say $170K. The
Hi, I have a home in VA which would appraise for say $170K. The house is completely paid off. I would like to refinance the home or get a home equity loan but I can't because even though it's paid off… read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
We put an offer on a house in state and it appraised for
Hi! We put an offer on a house in Washington state and it appraised for $250,000 less than the asking price due to an issue concerning waterfront vs waterview. We used our low appraisal contingency to… read more
LegalGems
LegalGems
Juris Doctorate
12,313 satisfied customers
I live on a community street that the homeowners are
I live on a community street that the homeowners are responsible for all of the upkeep and maintenance of the street and common areas.. We do have a homeowners association. It is a small gated communi… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,316 satisfied customers
I an under a contract and after my first appraisal the buyer
I an under a contract and after my first appraisal the buyer sent an email to cancel their contract because the couldn't make up the difference. My Realtor contacted theirs and it was agreed that they… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers
I have a homeowner's association question. Our homeowner's
Our homeowner's association is still developer owned - there are no residents on the board. The association has been turned into a "club membership" and amenities have now been opened up to the general public. The developer is being sued by mother, and amenities are now under lien due to this loss in court. I do not want to continue to pay dues as I believe the funds are being mishandled - so need to know if I can do that. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can a HOA initiate foreclosure if a homeowner refuses to pay
Can a HOA initiate foreclosure if a homeowner refuses to pay a fine or his annual dues. … read more
Jessica B
Jessica B
Juris Doctor
1,326 satisfied customers
What is the legal definition of homeowners dues in a
What is the legal definition of homeowners dues in a homeowner's association … read more
Jessica B
Jessica B
Juris Doctor
1,326 satisfied customers
Is it okay to ask the buyer to pay for his own appraisal or
Is it okay to ask the buyer to pay for his own appraisal or inspection after I promised that I would credit him? Tomorrow was closing but he has a problem with his lender. My realtor said it's too hig… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,609 satisfied customers
In Ohio, a homeowner owes the mortgage banks $144,000. 3
In Ohio, a homeowner owes the mortgage banks $144,000. 3 Judgment Creditors - credit card creditors - have liens attached to the property of $35,000. One non-mortgage creditor “junk debt buyer” of a f… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I paid $4600 for a commercial appraisal for a deli, gift
I paid $4600 for a commercial appraisal for a deli, gift shop with two short term rentals. The appraiser did the appraisal without 2017 tax returns and did not use comparable commercial properties in … read more
LegalGems
LegalGems
Juris Doctorate
12,313 satisfied customers
Are the light fixtures (cans) that attach to track lighting
Are the light fixtures (cans) that attach to track lighting that has been installed considered part of the alterations, improvements, and fixtures made to our lease property. My lease does say that al… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If an appraisal comes in low and the seller wants to place
If an appraisal comes in low and the seller wants to place the property back on the market doeS he have to disclose that low appraisal to a different buyer? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers
My husband died. The Tax appraisal district reappraised the
My husband died. The Tax appraisal district reappraised the house at more than twice the original value. The are now calling me a survivor. I have always been entitled and taxed as an equal owner of t… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,165 satisfied customers
Selling a rental property. agreed to an offer, appraisal
selling a rental property. agreed to an offer, appraisal came in very low, buyer offered some cash to help. We agreed, signed documents, then got closing estimates. We were already underwater, cost to… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,247 satisfied customers
If an appraisal on my home is mis appraised. None. I didn't
I didn't close on new home yet but sold primary residence for $20,000 less than could of due to wrong appraisal.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,247 satisfied customers
What is a Fixture that is then sold with Land? The issue is
The issue is a Game Feeder Pinned to 3 Concrete Blocks Florida … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,998 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x