Legal Question in Real Estate Law in Florida
appliances/personal property in a foreclosure
If your home was in the process of foreclosure and you vacated the property willingly prior to the sale date and you were unaware that you were not allowed to take appliances with you when you moved and did take some of them with you, what then happens? Does the mortgage company sue you for the cost of the replacement or is it a criminal matter of theft? If you have moved too far away to make returning any of the appliances beyond your financial capability, what do you do?
1 Answer from Attorneys
Re: appliances/personal property in a foreclosure
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
That is up to the lender or the buyer at the foreclosure sale. Most will not bother to pursue an action but they have the right. Some will when they feel they have been burned by the borrower. If an action is filed, it will be civil in nature and not criminal.
Scott R. Jay, Esq.
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