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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Loss of Personal Property in Parents' Home After Foreclosure

    My question involves personal property located in the State of: Virginia

    For 13 years I lived in my parents' home in VA overseeing their care until their deaths. Previously I had owned my own home. While living with them a portion of my personal property was with me at the home. On their death some of their personal property was willed to me. A year after their deaths I moved to a different state for health reasons. I was asked by my brother, the executor of their estate, to leave some of my personal property (owned and willed) in the house, so he would have something to use during visits. The house was mortgaged, and because the market for so poor for sale, my brother finally elected to allow the house to go into foreclosure in Dec. 11. He was told by the bank that he would receive a registered letter notifying him when the personal property could be picked up. He received no notification. The bank sold the house to a developer. I learned all this last Friday, when I checked the house on the Internet and found it was for sale and empty. I at no time ever was consulted about any disposal of my property - and they certainly do not have my consent for any action with my property. No notification of pickup occurred. And my property valued at $15-25,000 is gone. When I talked to the listing agent about the personal property, he told me that the developer probably sold it. There is something very wrong with this picture. I want my property back - some of it includes valuable antiques that are irreplaceable.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,728

    Default Re: Loss of Personal Property in Parents' Home

    If the house was still in the estate and the executor (your brother) let it go into foreclosure and it was he that requested you leave what you did, it is he who owes you for your loss. The bank owed you no duty unless you were an owner of the house. If your brother left the property in there once he allowed it to be foreclosed, then he is responsible for your losses.

    so, ask your brother for the $15-25k.

    He was told by the bank that he would receive a registered letter notifying him when the personal property could be picked up.
    why would they have to notify him to remove the personal property from the house? He knew when the foreclosure took place and failed to remove your property once it was complete.

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