Santa Cruz real estate in foreclosure is sometimes found stripped of all appliances and fixtures after the trustee’s sale. Some property owners believe they have the right to remove everything but the walls of the house when they leave. The law states that anything that is not personal property, that is in fact an asset of the property, may not be removed.
Homeowners in foreclosure may be prosecuted for removing the following items:
• Most appliances that are on the property. This includes the stove, dishwasher and garbage disposal.
• The air conditioning unit and the furnace must stay on the property.
• Ceiling fans, light fixtures, and any electrical wiring.
• The plumbing and all the fixtures must stay in place. The sink, shower, toilets, and the cabinets may not be removed from the premises.
• Landscaping and fencing may not be removed before foreclosure. Built in pools and hot tubs must also stay on the property.
Homeowners are allowed to remove any personal property from Santa Cruz real estate in foreclosure. In fact, in most cases they are required to remove any objects they brought into the house when they moved in. This includes the furniture and clothing they own. They are allowed to take dishes, pans and silverware as well as electronics like computers or stereo equipment. The new electronic thermostat they installed has to stay because it is now a fixture of the house.
The refrigerator is the appliance that is the exception to the "everything must stay" rule. Homeowners are allowed to take any portable fans and heaters that are in the house. A good rule of thumb is if homeowners have to use dollies or screwdrivers to take things with them, they may need to double check their right to the objects.
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