Profile picture for agg7791

home going to auction

I'v sold everything in the house. Sinks, bath tub, toilets, front door and garage door ceiling fans, AC/heating unit, kitchen counters and cabinets. My neighbor told me that it was illegal to do. Is it?
  • December 20 2010 - Cypress
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Answers (9)

Profile picture for BobPhillipsRE
Of course admitting what you've done - on a public forum - is ALMOST as dumb, as the act, itself.
  • December 21 2010
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Profile picture for wetdawgs
Your neighbor is quite correct.   Vandalism isn't legal.    Hope you visit with a lawyer soon
  • December 21 2010
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Profile picture for Blue Nile
In order to sell all the fixtures, doors, etc in your house, you would have needed a building permit (or at least a demolition permit) from the jurisdiction of authority.

If you didn't get such a permit, obviously removing the items was illegal, as you can't have occupancy of a residential unit that is missing doors, heating and kitchen and bathroom fixtures.  If it was in an historic district, or on a national registry of historic places, you would be in even bigger trouble.

But if you also have a mortgage on the property, your mortgage contract states that you won't sell it off piecemeal, and that the total amount of the loan is due upon sale of the property.  So, no, you don't have a problem at all if you got the permit AND you have the cash to pay off your mortgage balance in full today!

Sure, California is a "non-recourse" state, meaning they can't collect more than the property sells for, but the property is selling for all that money you have pocketed from selling it off piecemeal plus the value of the land, and the foundation, framing, and roof, so you can expect to owe quite a bit after you lose the house, unlike someone that didn't try to steal from the mortgage company.

Normally your insurance company would insure for that kind of "vandalism", but not if you as the policy holder were the vandal.  It all comes out of your pocket, including the labor to put it all back in.
  • December 21 2010
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What you've done may be illeagal. What the banks have done may be illeagal as well. They may not have the legal right to foreclose at all. You should definately be discussing your foreclosure with an attorney as there may be ways to delay it or completely avoid it altogether.
  • December 21 2010
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Profile picture for Mills Realty
You have asked a legal question to a forum that contains most real estate agents.  You need legal advice and should consult with an attorney.
  • December 20 2010
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It is my understanding that such action is illegal.  Now whether the lender decides to take action is any body's guess. 
  • December 20 2010
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Your lender could possibly sue you after they sell the house and determine what the damages are from your actions. Since you have a mortgage on the house it is not really yours and you are suppose to maintain the condition of the home and its value. Of course, since you are not paying the mortgage you likely have nothing for them to get from a suit but your credit will be pretty bad with a judgment over your head for years and years since the bank is likely not going to forgive you for the amount you owe them.
  • December 20 2010
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You can do what ever you want with your own home...People get foreclosed on in the middle of remodeling it some times. You have to have still owned it when you started your remodeling project. The mortgage/investor companies are not happy about it getting back properties with unfinished remodeling projects. This is the "new normal". Everything is subject to interpretation and rules and laws change all the time.
  • December 20 2010
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Basically, you have stripped the house of attachments which you cannot do.  You need to see a lawyer.  You could be in some very serious legal problems.  Some states may find your action criminal.
  • December 20 2010
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