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A Clockwork Orange

Are Victims of Foreclosure Who Strip Away Fixtures Criminals?

By Matt Coker, Tuesday, Jan. 20 2009 @ 2:14PM
Comments (11)
Categories:
KitchenStripped.jpgThe Irvine Housing Blog poses a great question today: If someone's home is in the process of being foreclosed, and the soon-to-be-former owner strips off all the fixtures so that he may sell them, is he stealing from the lender who will own the home?

The question was sparked by a reader who sent IHB a craigslist ad from a fellow who lost his job after 10 years of service and now cannot afford his $10,000 monthly mortgage on a $1.5 million house.

The poor sap lists the following items with "new" sale prices but notes he will accept the best offers: 40 White flush 6 inch Can lights $145 each obo
3 white Stairway lights $620 total obo
10 J-Boxes $185 each obo
Greyfox Intercom System Package, Master station, 3 interior sub stations, 1 exterior $2,640 obo
Central Vacuum System with accessory kit Dirt Devil pro series 690 12w x 39tall $2,840 obo
15 universal outlets $275 each obo
KITCHEN CABINETS total $12,650 obo some sizes 23.75w x 52.75single, 30w x30 tall double, 30w x25 double, 2) 36w x12.5 drawers, 33w x 10 drawer, 30w x5 drawer and more in Island etc.
20 about Kitchen Knobs polished nickel $950 total obo
Kitchen Island cabinets $1,435 obo
Undertone Undermount stainless steel Sink Kohler k3356,  29.5w x 34.5 with garbage disposal $980 obo
(SOLD) Wolf Stainless Steel 30"  x 50 tall double over with professional handles $3,045 obo
(SOLD) Thermador Stainless Dishwasher with professional handles 23w x 34.5 tall $1,020 obo
(SOLD) Thermador Stainless built-in Microwave with trim kit $490 obo
(SOLD) Wolf stainless 36" Gas cooktop 5 burners $1,790 obo
KitchenAid wine cooler stainless 24"  separate climate for red and white holds 48 bottles $1,570 obo
Sub Zero FRIGERATOR with ice and water 42w x 84tall $10,845 obo
Bathroom tub enclosure clear glass doors 58wx 62tall $540 obo
Bathroom stand up shower enclosure clear glass door $540 obo
Framed Mirror master bath 74w x 45 $1,235 obo
Framed Mirror guest bath 30w x 42 $620 obo
WHITE SHUTTERS 20 WINDOWS 4 1/2 inch blades double and single
49w x60tall double, 19 w x36.5 tall single, (3) 37w x 42tall, (3) 25w x 60tall, 24 3/4w x48 3/4tall
(6) 36.5 x 60 3/4 double, $400 each obo

5 Mirrored medicine cabinets 16w x 26 tall $400 obo
2 Mansfield toilets $400 each obo
2 Bathroom towel racks polished nickel $60 obo
4 Bathroom lights with 3 hanging glass bells $100 obo
13 DOORS with fancy double molding (3) 29 3/4w x 79, (5) 31 3/4 x 79, 29.5w x 79, 27 3/4 x 79,
32w x 79 mirrored on each side $250 obo
Bradford White hydrojet energy saver 50 gallon defender safety system WATER HEATER $400 obo
15 Journeyman security double halogen lights motion sensored $30 obo "

IrvineRenter, who posted the item on Irvine Housing Blog, informs that nothing on the list appears to be personal property, meaning these are fixtures that are part of the house: "Is this stealing? Technically, the guy still owns the house and all the fixtures therein. There are probably provisions in the mortgage that prevents the sale of fixtures after a default, but who would enforce it? If you purchased this stuff, are you stealing? Does the technical definition matter? Is this right or wrong?"

Most IHB commenters believe the latter, although few seem torn up about it.
Comments (11) Write Comment
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Comments (11)

jonathan volzke says:

Seems like the builders these days charge extra for most of that stuff, so I'd say they're his to sell!

He's charging way too much, though.

Posted On: Tuesday, Jan. 20 2009 @ 3:43PM
Matt Coker says:

If I can stave off foreclosure by selling that stuff, am I stealing from myself? Actually, the way things are going, I may be doing that soon. Anyone need a sometimes functioning 1950s era furnace? Step right up, don't be shy!

Posted On: Tuesday, Jan. 20 2009 @ 5:14PM
IrvineRenter says:

Hello,

I see that you linked to us today. Thanks.

I suspect we will be seeing more ads like this one as the foreclosures mount. Given how stupid the lenders were, it is hard to feel to sorry for them. On the other hand, stripping the property of its fixtures sure seems like stealing to me.

Posted On: Tuesday, Jan. 20 2009 @ 6:03PM
El Gringo says:

Never though of that!
Actually, the bank that foreclosed on me sent a team and a big truck five days before I had to be out and shredded books and clothing, smashed a computer and other valuables, and hauled away just about anything they could move, before I could get them out of the house.

Posted On: Tuesday, Jan. 20 2009 @ 7:42PM
Cesar says:

Fuck yeah this is stealing! They should throw the book at the peopel in default not for taking the fixtures but for buying something THAT THEY COULDN'T AFFORD IN THE FIRST PLACE! Then they should also go after the lenders for making those fucktards believe they could afford the overpriced pieced of shit house. Come to think of it, I can now buy that house along with fixtures for about .10 on the dollar! Cool!

Posted On: Tuesday, Jan. 20 2009 @ 10:07PM
seymore says:

What about if you bought the fixtures in the first place?
The home I bought came without any appliances, and I bought them all new myself. I recently suffered a foreclosure, and dang skippy I took them... am I evil? yes I am... but am I wrong?

Posted On: Tuesday, Jan. 20 2009 @ 10:20PM
cook says:

The bank owns an intangible, a piece of paper giving them a right to take a house after in has been foreclosed upon.

The owner in possession owns the right to do with, sell, replace, fix, break any and all parts belonging to them while in possession.

The banks, lenders are the high paid professional and new exactly what they were doing. They are the ones that need to be held accountable.

Posted On: Wednesday, Jan. 21 2009 @ 4:35PM
RP in FV says:

To sell off fixtures is like breaking apart the train just to feed the locomotive. Someone who can't afford a multi-million dollar house needs a dose of reality, followed by a move to a smaller house.
If they really want to save money, they can go to any laundromat in Santa Ana and find flyers with sofas they can rent by the month. It sucks to live in a house with a bunch of people, but the food is great!

Posted On: Thursday, Jan. 22 2009 @ 12:57PM
The Big Guy says:

Carrying away fixtures or damaging the home can be considered to be an intentional tort as to the bank, and the bank can get an additional judgment for the injury to its collateral.

Since this additional judgment is for an intentional tort, it may not be dischargeable in bankruptcy.

Borrowers who gut the home usually get what they deserve years later when out of the blue and all of a sudden a professional judgment collector hits their bank account with a levy and a truck pulls up to haul their car off, while the deputy informs the borrowers that the equity in their new home will be liquidated to pay their old debt (and they will still be on the hook for their new loan too).

Posted On: Sunday, Jan. 25 2009 @ 9:40AM
Joe the attorney says:

Actually detaching and converting real property into personal property where a lender holds a security interest in the property IS THEFT... usually GRAND Theft! Cal Penal Code 487b. Many brokers and owners around the country are serving time for this. The reason is that when you give a Deed of Trust you dont actually own the whole property. The bank does. This is why you have to pay off the loan before you can sell it.

Posted On: Friday, Feb. 6 2009 @ 5:05PM
Thomas Paine says:

Is it legal to strip a home? Bottom line - check your appraisal. If it's on the appraisal (e.g. water heater, A/C, Jacuzzi tub etc.) it is real property and you are stealing; grand theft. If it is not on the appraisalit is personal property (e.g. refrigerator etc.).

Posted On: Saturday, Jan. 2 2010 @ 12:52PM

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