More and more frequently homeowners are stripping their homes.  Literally everything is removed: toilets, kitchen cabinets, bathroom vanities, air conditioning equipment, light fixtures, everything.  I talked to a homeowner a few weeks ago who said he intends to take his pavers!  

So is stripping a house a criminal offense?  The short answer is "Yes".   

Anything attached to the house is considered a part of the house.   That includes air conditioning, water heaters, wiring, electric panels, built in cabinets like those found in a kitchen, bathroom vanities, toilets, etc. - all are considered "improvements" or "fixtures" and are encumbered by the mortgage. 

              An easy rule of thumb to determine is an item is a fixture or improvement is simply that if it typically conveys in a sale then it should be considered a fixture & encumbered by the mortgage.

Appliances including window AC units are not part of the house and can be legally taken by the mortgagor.  Ceiling fans and light fixtures are in a gray area as I've seen light fixtures (chandeliers) and pricey ceiling fans that did not convey in a sale or were replaced with lesser quality.

Speaking of lesser quality - rather than stripping, why not just replace with lesser quality?  For example, one seller when remodeling his house installed very expensive, fancy commodes.  Instead of taking his commodes and leaving nothing (e.g. stripping) he will replace the commodes (old, used commodes are easy to find).  

Another thought is that there is no law against remodeling your house.  Suppose a homeowner started a remodeling project, then ran out of money before completing the project and now faces foreclosure.  Surely the lender cannot expect the homeowner to complete the remodel just to have the house foreclosed.   

Builders run out of money too.  How many times have you walked thru a home or condo that was not finaled or completed?  In some states subcontractors have the right to reclaim their materials when the contractor doesn't pay.    

I am not condoning or suggesting any of this is legal or even acceptable, and just because there may be loopholes in the law doesn't mean someone should follow through. I'm just musing over what I see in the field.   

Some may argue that lenders are so overwhelmed by foreclosures that they have neither the time nor the resouces to pursue house-strippers.  That may be true but

Check this  http://www.sharonherald.com/local/local_story_176214219.html

 

 

 

 

 
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2 Comments on Foreclosure - Is Stripping Criminal?

JUL
23
2008

Very interesting blog.  I had a situation as a landlord where I bought a home from a distressed home owner and gave him a year lease with an option to repurchase the home from me in 1 year at the same price I paid him for it.  I tried to help him out.  During that 1 year term he declared bankrupcy, stripped the house (including the bush and shrubs and all landscaping) and disappeared.  After a leangthy search I found him and sued him and won.

10:57am • #1

Very Interesting Blog.  All I can say is  "We want to bail these types of people out"   People who would strip a house while facing forclosure are the same types of people who lied on their stated income loan just to get into the house.  I think anyone who is doing this should be aressted and and charged with a crime.  I know it s probably not a huge percentage, but that just tells you the types of people who bought homes with the losened lending guidelines the past few years.  I have NO sympathy for those types losing thier homes to forclosure.

12:01pm • #2

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Wendy Smith

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