Legal Question in Real Estate Law in Iowa

My mother is being evicted, her house has been foreclosed. My stepfather is in prison. His father is removing items from the property that I think he is not allowed to take. Can you take items such as gates, fences, and/or outbuildings? He says they were not there when the property was purchased so they don't remain with the property now. What can you take? What should you not take? What happens if you take the stuff you are not supposed to? And can my mother get in trouble for what he is doing? Thank you.


Asked on 3/19/11, 4:49 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

You could not remove a fixture or something that's been permanently attached to the land. If he maintains that it is personal property, that's an argument. On the other hand the home is not the property of the bank until the sheriff says "Sold!" so what happens up to that time is something they've got to figure out for themselves.

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Answered on 3/22/11, 6:01 am


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