Homeowners facing foreclosure often wonder what items they are allowed to take out of the home. Some homeowners strip the home of nearly everything, including the kitchen sink and plumbing fixtures. While some intentionally take property that must remain in the home, others are unaware of what they are allowed to take in a foreclosure. Because there can be legal consequences, it is important to understand what must remain in the home.
Personal Property
You are allowed to remove all your personal possessions from a home in foreclosure. A foreclosure notice does not force you out of the home immediately. The foreclosure process can take several months or longer, depending on the state. You generally have until the sale date to remove all your personal belongings from the home. Furniture, window coverings, patio furniture, clothing and other property you brought into the home should be removed before the foreclosure sale. If items remain in the home, the lender may charge you for storage.
Appliances
Appliances are items that can be removed without affecting the home. For example, you can take your refrigerator or washing machine, as both appliances are simply unplugged. However, a built-in dishwasher is not considered an appliance because removing the machine is often more complicated. Your freezer, microwave, portable heaters, water filtration system and dryer are some examples of appliances you can take. Before removing appliances, read over your mortgage documents to make sure you did not agree to leave appliances in the home.
Fixtures
Fixtures are attached to the home. Certain small items cannot be removed from the home. Cabinets, countertops and ceiling fans are fixtures that cannot be removed from the property. The size of the item does not necessarily distinguish between an appliance and a fixture. Small items such as light switches and door knobs must also remain in the home. If you recently upgraded the fixture, consider placing the original or less expensive fixture into the home.
Considerations
Removing fixtures can have serious consequences. If your state allows the lender to seek a deficiency judgment, you can be charged for the cost of replacing the fixtures. The lender or insurance company may file theft or vandalism charges against you for damaging property that is not legally yours. If you are in foreclosure, explore possible options to prevent foreclosure. A short sale allows you to sell the home for less than the balance owed. Through the Home Affordable Foreclosure Alternatives program, you may be entitled to $3,000 in relocation funds for completing a short sale.
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