If you have a home that is foreclosed on, it is very common to wonder what you are legally permitted to take from the home. Are you permitted to take the appliances such as the stove, refrigerator, washer & dryer, microwave, dishwasher, etc...? Can you take ceiling fans, chandeliers, light fixtures, etc...? While this is a very grey area, and while taking more than you should is not usually pursued by the lender, completely stripping your home after it is foreclosed upon is never a good idea.

You are free to take any personal property from the residence, but all fixtures must remain. A fixture is a piece of personal property that is permanently affixed to real estate, itself becoming real estate. Each state defines "fixture" and "personal property" differently so be sure to check with local authorities.

You are also responsible for any damage you may cause to the property after the foreclosure. Although many times the bank will not pursue you for minor damage causing major damage to the home when removing things like appliances may wind up costing you money to repair!

Fixtures must remain with the property during a forclosure. In determining what is a fixture courts look at five factors.

1. The method of attachment. Can the fixture me removed with out damage to the property?
2. Adaptability. Is the item specifically built for the property?
3. Intention of the parties.
4. Agreement of the parties.
5. Relationship of the parties.

 

 ++