What Items Can I Take? My Home Has Foreclosed
UPDATE: This is a very helpful article and it receives a lot of views and questions. We suggest going to our partner’s Mortgage Problems and Solutions Message Board to get your questions answered by a group of highly qualified mortgage professionals.
Many homeowners have lost their home to foreclosure. They are definitely in a state of shock, embarrassment, and/or devastation. They are moving somewhere else now, but what can they take with them from the foreclosed home?
Some homeowners may be feeling so overwhelmed that they are not even thinking about taking some important personal items that they are more than entitled to take with them. Perhaps some are even very angry. Angry to the point that they are feeling compelled to be vengeful and remove some very essential items from the home before they actually vacate the property. You cannot just allow yourself to “strip the property clean” of all its fixtures, including copper pipes, furnaces, and faucets.
There are a few general rules and guidelines for homeowners to help them determine what items to take, without the fear of a lawsuit, and without causing damage to the property. You must first be able to determine between a fixture and personal property, even if that personal item has been affixed to the house.
It’s a fixture if:
There will be damage to the property (or would make the property unlivable) when the item is removed. If a cost will be involved to repair or replace the item.
- Most often furnaces, ovens, and air conditioners, copper pipes, faucets, doorknobs, keys, trees, landscape items, etc. are considered as fixtures because they relate to the property being functional and relates to the current use of the property.
Note: Please keep in mind the original intention for the item when it was originally installed into the home or attached to the property. Was it installed to be a permanent part of the house or not?
It’s personal property if:
It is an item that is not attached to the property. Or if it can safely be removed from the house without any damage and replaced with something comparable.
- Washing machines and dryers are usually considered a personal item.
And of course if it is your own actual personal property you take it with you.
Note: Homeowners may replace a fixture with one that is comparable. If you had bought a new oven, and still have the original old one, you may take the newer one with you and just reattach the older one in its place. The newer oven could be considered your personal property.
Having to leave the house itself is complicated and overwhelming. If you follow those general rules you should be able to move forward into your next step of your life after foreclosure.
Good luck.
Barbara Partaka
Home Buddies
UPDATE: This is a very helpful article and it receives a lot of views and questions. We suggest going to our partner’s Mortgage Problems and Solutions Message Board to get your questions answered by a group of highly qualified mortgage professionals.
Barbie said,
December 31, 2008 @ 12:43 pmHello Sam,
I am sorry to hear about your foreclosure. You say that you are going through foreclosure; has your home already actually foreclosed? If it has not, just a quick reminder, you can stop the foreclosure. We do offer a free guide to help you achieve this.
At any rate, yes, you may take the window blinds and lamps with you. Taking those items will not leave the home in an unlivable/unusable condition.
Let us know if you still have questions.
Good luck.
Barbie
Joe said,
January 20, 2009 @ 2:02 pmI purchased new appliances for the kitchen about a year ago. The company that installed them took the old ones for disposal for me. None of them are fixed, they can simply be unplugged and slid out. I’m now at the point of foreclosure. Arizona law states that I cannot be sued for the deficiency, so would the nearly new oven, refrigerator, and diswasher I purchased apply under that protection?
Barbie said,
January 20, 2009 @ 3:33 pmHi Joe,
As far as not being sued for the deficiency in the state of Arizona, please remember that this is in reference to the loan amount still left over after foreclosure and resale. Deficiency judgments do not pertain to personal items in your home.
As for your oven, refrigerator and dishwasher, you need to keep in mind if those items were originally in the home as part of the home. If they were, then you may remove your items but you need to replace them with comparable items.
If those items didn’t exist in your home in the first place, then they are yours to remove if you wish, and you should not have to replace them.
I hope that I was able to be of more assistance to you. Please let us know if you have any other questions.
Nick said,
February 15, 2009 @ 10:18 ami want to take my wood stove and my stainless steel stove pipe…..it was not part of the original house and was bought to supplement heat, why should i have to leave these if thats your opinion…..
after all i was robbed in the first place from the bank
admin said,
February 15, 2009 @ 11:36 pm“why should i have to leave these if thats your opinion…”
we don’t want you to break the law 
Anything that is attached to the property was really an improvement that you made to the property itself and goes with the property in any transaction unless specified in a contract.
Rose said,
February 17, 2009 @ 2:24 pmWe are filing bankruptcy on our home and would like to know if it is ok to take our storage building with us when we move?
admin said,
February 17, 2009 @ 6:09 pmIf it is secured to the ground in any way then I would advise against it to play it safe.
Matthew said,
March 7, 2009 @ 1:31 pmHi, the house i’m living in now is forcloseing so i’m movng back to another older house that i own. would it be okay to swap the oven,dishwasher and microwave before i leave?
admin said,
March 8, 2009 @ 2:59 pmHi Matthew. If the situation were different I would say that is a pretty funny question – one I have never come across before. I don’t want to say it would be OKAY to do that but I think this part of the article can give you some answers:
“Note: Homeowners may replace a fixture with one that is comparable. If you had bought a new oven, and still have the original old one, you may take the newer one with you and just reattach the older one in its place. The newer oven could be considered your personal property.”
Josh said,
March 24, 2009 @ 10:21 amWe are at the point of foreclosure. The home in question came with appliances (fridge, stove, dishwasher, microwave). Is is acceptable to take the current appliances and replace them with similar models?
Barbie said,
March 24, 2009 @ 10:53 amHi Josh,
Yes, you are allowed to replace it with something comparable. You mention that you are at the point of foreclosure, but please let us know if you have already talked to someone in the Loss Mitigation department of your lender. That department will have several different workout options to offer to you in order to stop your foreclosure.
Please note, we also provide a free Step by Step guide to stop foreclosure. Let us know if there is anything else that we may help you with.
Good luck, Barbie
wayne said,
March 27, 2009 @ 7:03 pmI am in foreclosure and I have about 6 pine trees I planted that are about 3 feet tall. Can I remove those and replace them with smaller trees or plants?
Blake said,
April 1, 2009 @ 6:01 pmyes
Candy said,
April 5, 2009 @ 7:18 pmMy house is in the process of foreclosure in the state of virginia, we were trying to work with the bank, but they just let us know on friday that they can’t help us. The house is set for auction on Tuesday. Should i wait to move until is sold and if i do will they give me sometime to move. Or should i move right away?
I am still looking for a place but have not found one yet.
Thank you
Darlene said,
April 27, 2009 @ 3:03 pmWe purchased a condo in Sept 08, with high hopes of selling our primary home quickly….that hasn’t happened. If we let that home go into foreclosure will the bank come after our condo and wages?? We’ve talked to a lawyer and debt counselor and they both advised that we should not file Chapter 13th.
Darlene said,
April 27, 2009 @ 3:06 pmWe live in Michigan.
Blake said,
April 30, 2009 @ 5:47 pmNo and it sounds like you have a good lawyer there. I would recommend going back to him since he advised you against bankruptcy. Sounds like he is looking out for your best interest.
elizzabeth said,
May 26, 2009 @ 11:55 pmbank said they could “only” help us with our interest rate if we got behind on payment otherwise they would do nothing. both lost our jobs so we stopped payment one year ago and bank just keeps saying they will modify our accts but nothing happens. one week they tell us we are approved then the next week we are denide. this situation is very sickening and restless. we have decided to move out even though the bank has not said anything. were we are going their are no kitchen cabinets, sinks, or doors would we be in a lot of trouble if we take these items to use were we are going. we really don’t have any money or way of replacing it with anything similar.
the fridge stove & dishwasher were incentives for us to buy the house, will we be okay taking these?
PLEASE help us decide for tomorrow.
how does a bank tell someone if the police is coming to do the forclosure? just the other day we caught someone outside looking to see if the house was occupied or empty and when confronted he said the bank sent him to check the house..should we worry that a cop might evict us soon?
Gary MacLean said,
June 23, 2009 @ 6:22 amWe built our home from ground up. We did a lot with cash out of our pocket before we got a construction loan to finish the house. The home has been foreclosed on. If I have receipts for the things I bought with cash can I take them?
candi harris said,
June 24, 2009 @ 10:59 amI am wondering if you have gas logs and they do not heat your house-can you take them when your home is forclosed on? Nothing will be damaged getting them out-Doesn’t effect the heating of the home.
ISHA said,
July 15, 2009 @ 9:16 amMY HOUSE JUST GOT FORCLOSED THE NEW OWNERS SEND US A LETTER STATING THAT THEY CAN PAY US TO MOVE OUT EARLY.SHOULD I ACCEPT THE MONEY OR SHOULD I WAIT TO HEAR FOR THE BANK OR WHAT SHOULD I DO?? ALSO I JUST PUT NEW TILE FLOOR IN MY KITCHEN & DINNING ROOM CAN I REMOVE IT.
john said,
July 16, 2009 @ 11:29 ami bought a fence from my neighbor 2 months ago but havent taken the fence down yet .. she just imformed me that he house is in forclosure is it alright to still take it down???
Kelly said,
July 27, 2009 @ 12:27 pmWe live in Washington State and have moved out of our home recently and are facing possible foreclosure if we can’t sell or rent. We have a bit of a different situation becasue we built our home to a certain point with bank funds (the mortgage) but used a large amount to finish with the last thinga that are put into the home like the cabinets, countertops, carpeting, interior doors, fixtures & appliances. In this case where we have proof our personal funds paying for these items can we remove these? And would it make a difference if we re-placed a lot of these items to make the home liveable?
Mona said,
August 2, 2009 @ 7:19 pmMy partner and I have separated, the condo that we have live in was under name. I am now living in that condo. From day one even though it was under her name I was the one paying for it. We did it to improve her credit and because we were clouded with “true love” we did not see the worst happening. Now she had move out and dont want any parts of the house. She is willing to sign over the payers to me and so I can keep the property, continue paying and eventually pay it off. What is the best way to transfer the name/loan to me. I also dont have the best credit score. Hoping for some helpful tips.
Givonna Porter said,
August 22, 2009 @ 3:51 pmI live in a house that has been forclosed. I leased the home through a management company. My extended lease expired the end of May. I been on a month to month the bank has asked me to move by the 20th of Aug. We went to court and we agreed on another 30 days. My question is what do I need to do as far as the management company? They haven’t called they were aware of the bank request and the owner has now moved on to live in another state. I need my deposit back but I’m buying a home that was a short sell and we are not ready to close yet hopefully the middle of Sept.
kim said,
October 5, 2009 @ 2:13 pmHi , I bought investment property that was bank owned. Most of the property was gutted ,but there was a kitchen which was so old and falling apart it was not functional . I put in brand new everything from windows ,driveway, garage door, kitchen , bath , carpet , furnace, hotwater tank. Now im losing it to foreclosure I want to keep or take the new kitchen and bathrooms and some carpet since this house did not have these thing when I orginally purchased it can I do that ? Thats for you help.
Moe Davis said,
November 20, 2009 @ 3:30 pmSo…being forclosed on…been waiting for a modification for over 1 year…considering moving back to our old house…planning to swap out old stuff for new stuff from the new house…what is or is there any risk…we are filing bankruptcy in the next week or so and we are including the house in the bankruptcy. Please reply…thanks!
sweet said,
November 24, 2009 @ 9:30 pmI was forced to sell my ceiling speakers and dishwasher and a few other things in the process of trying to keep my house from forclosing. It didn’t help out too much. I am now out of the house. Can I be sued for removing such items? I am getting threatning phone calls and mail.
Blake said,
December 2, 2009 @ 1:20 pmto the last few questions:
the article handles these questions fairly well. I also cannot give you legal advice (ie: i cant tell you if you will or will not be sued and/or liable).
listed in the article are excellent rules of thumb and should be followed as carefully as possible. if you feel uncomfortable, dont do it. If you upgraded something and you still have the old fixture, do what you wish. Otherwise, tread lightly.
Blake said,
December 2, 2009 @ 1:22 pmTo Kim: That’s not a good idea to strip a house of all of that.
Andrew David Paul said,
December 16, 2009 @ 10:09 pmWe were not able to successfully complete two attempts at loan modification (due my losing my $90K/year Job) and our home was foreclosed on Aug.31, 2009, but since my Mother-in-Law resides with us, we were able to postpone the final move-out date to January 31, 2010 through the Courts, but has Obama done anything to help folks in our situation attempt “one last try” to at least rent our foreclosed home instead of moving out and renting a home somewhere else (if were luck enough with our now damaged credit rating”?
Lindsey said,
December 27, 2009 @ 9:59 amI purchased a metal building and it did not have any heat in it,i installed 2 gas heaters that were hung from the ceiling i can remove these without any damage to the building, i also purchased a new central heat an air unit for the building the old unit had been there for 30 years and did not work, i can remove it without any damage to the building. I was attempting to do what i just spoke about and the mortgage holder he was going to have me arrested can he do this in Alabama.
Ann said,
January 15, 2010 @ 11:20 amThank you So much for this helpful information. I thought this is how it was, but my husband has heard otherwise and we have disagreed on the issue. We move out in 3 days from our forclosed home. You must feel like you get the same questions over and over, but…: are we aloud to take our fridge and washer and dryer if they were not originally in the home when we decided to buy it, but were added to the home as part of the closing deal? We had the fridge and washer and dryer added in and added to the cost of the home. I hope I don’t already know the answer. Thanks for your time.
dallas said,
January 19, 2010 @ 5:36 pmmy house is going to be forclosed on in 3 months can i take the furnace being the house is still mine i am moving before the forcolser
Jack said,
January 24, 2010 @ 6:29 pmI plan to take the ceiling fans and switches as I upgraded them and replace them with cheap $5 light fixtures. I also plan to take all of the plantation shutters and sell them back to the new owner later. I will also take out the expensive landscape lighting and replace the Moen faucets with old ones I have laying around..
Mily said,
January 28, 2010 @ 2:30 pmmy home mortgage loan is under my name only, however both my husband & I are on the title. Can he purchase another home while still married to me? I’m getting mixed messages stating that he would have to divorce me to be able to get a mortgage approved in these times.
Mily said,
January 28, 2010 @ 2:31 pmI forgot to add that my house is in forclosure
Mily said,
January 28, 2010 @ 2:31 pmand i do not wish to keep the house. Thanks
Blake said,
February 1, 2010 @ 1:48 pmEveryone needs to ask their questions of this magnitude here: http://www.mortgagefit.com/inprocess/index.html
You will see Cliff’s picture on the right. It’s best not to ask a question in the box under his picture because the volume of questions has become too large (which is really a shame).
Instead, make a new post with your question. There are many many qualified people to help you there! See you there.
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sam said,
December 31, 2008 @ 12:22 pmhello, im curently going through foreclosure and i have to vacate this weekend.is it okay to take the window blinds,lamps from the house? i actually bought all these stuff.