Let us say the unfortunate has happened to you and despite all of your efforts your home is in foreclosure. What are your rights as far as what you are allowed to take with you? Can you take all of the appliances? Can you take lighting fixtures or perhaps fancy sink and faucet sets you paid for yourself? We will attempt to shed some light on this topic and help you determine what you are and are not permitted to take when your home is foreclosed on.
The answers to these questions are not very cut and dried. What you are entitled to take with you largely depends upon the laws in your jurisdiction. Some things are no-brainers; such as a toilet is permanently fixed in the home, therefore you are NOT allowed to take it. With temporary improvements a homeowner makes; such as installing a chandelier or buying a fancy shower curtain, those items may be removed as long as they are replaced. But items like the majority of your appliances are normally handled under the applicable local laws as they relate to home foreclosures. If you are currently in foreclosure, it would be wise for you to consult an attorney or your local government official for some prudent advice on these matters. Otherwise you might find yourself facing legal difficulties.
A good rule of thumb to go by here is that you must lawfully determine what your personal property is and what belongs to the home. This will make all the difference in the world. Anything that is legally your personal property cannot be removed from your possession at any time; even after foreclosure. Anybody who violates this policy is breaking the law. HOWEVER; if it is a fixture on the inside or outside of the home that legally belongs to the home, you ARE NOT allowed to take with you. If you persist in doing that then YOU are the one who will be in violation of the law. So first, you need to know what the laws in your jurisdiction are. Then second, you must make a physical list of what is yours and what belongs to the home. Again; we strongly urge you to seek legal counsel on these matters before you have a problem.
It ought to be noted by any homeowners who are now facing foreclosure that the applicable laws are not as lenient as they used to be. This means that you may indeed face criminal charges if you were foreclosed upon and you proceed to remove or damage any appliances or fixtures belonging to the home. Not only should you at this point in your foreclosure hire an attorney; but you should insist he contact the agent who represents the mortgage bank. This is in order to find out what you legally can and cannot take from the premises. The rules may additionally apply to items on the outside of the home such as fences, landscaping fixtures, or even a toolshed. This might seem trivial to you but it can become a HUGE issue if it is not handled properly. It is far better to be safe than sorry.
