Legal Question in Real Estate Law in California

if our house is auctioned off due to foreclosure and we are still living in the house, does our stuff get auctioned off with it?


Asked on 5/22/16, 12:29 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

No, the foreclosure sale can only encompass whatever was collateral on the deed of trust, almost always limited to "real property" as opposed to "personal property." A question sometimes arises as to whether various appliances, etc. are sufficiently built-in and became part of the realty or are personal property, but most "stuff" like cars parked in the garage, furniture, clothing, etc. is personal property and not subject to the lien of the deed of trust, a/k/a mortgage. There could be rare exceptions. Also, note that if your house is auctioned off and you don't vacate it reasonably promptly after the sale, the new owner will obtain certain rights to have you removed and your personal property stored for you, and it may eventually be sold for storage charges and costs.

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Answered on 5/22/16, 12:44 pm


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