Property Rights of Owner when Tenant Occupied Foreclosure
My question involves a foreclosure in the State of: CA
Does the owner of a foreclosed home, have the right to pick up appliances (fridge/dishwasher, etc) while the tenant is still living in the property?
Is this legal if the tenant is still paying rent through the sale date?
Can the appliances be picked up by the owner after the tenants vacate (during period after sale of the property or REO)?
Would the tenants be liable for any appliances the owner wants to take either prior to the sale or after the auction sale?
Re: Property Rights of Owner when Tenant Occupied Foreclosure
It would depend on what the mortgage says AND whether the appliances were built-in (part of the real estate) or freestanding (generally not part of the real estate).
Re: Property Rights of Owner when Tenant Occupied Foreclosure
I appreciate your quick response. As the tenant, I am stuck in the middle and don't want to be liable, just want to support what is legal. As a tenant, I don't know who has the mortgage or who to ask without getting too mixed up with this unfortunate situation. If the owner does have rights to the appliances, do you have any feedback on the timing - do they have to take it prior to the sale or could they retrieve it after the sale and the tenant's departure?
Re: Property Rights of Owner when Tenant Occupied Foreclosure
The dishwasher is considered BUILT IN, but the fridge is NOT.
As seniorjudge stated, built in items need to remain with the house. You can call the lender and ask them for "cash for keys" which usually is around $1500. They will also inspect the property at that time to release you from being responsible when you compleate the transaction.
If you do not know who the lender is, join the site I have a link to for a 7 day free trial. It will give you the name of the lender and the phone number to contact them;
http://www.realtytrac.com/