Foreclosure Stripping?

By
Real Estate Agent with Century 21 Results Realty GA RE Lic # 282060

Clark Howard was talking about this a couple of days ago, and Fox News is talking about it today.  And it doesn't involve a pole...

Foreclosure Stripping...

In effect, some folks that are losing their homes are "fighting back" in their own little way.  Prior to departure, these folks are looking to get as much cash from the house as they can before they are out. They are removing items from the home and selling them via Craigslist and other means:

  • Appliances
  • Countertops
  • Cabinetry
  • Flooring
  • Light fixtures
  • Wiring
  • Plumbing... including copper pipes
  • Wood from the deck

Most of us in real estate have been in a house like this.  The refrigerator, dishwasher, stove and a bunch of light fixtures are gone.  In some cases it might be legal... in other cases, the home owner might be committing a crime. 

Items that aren't built in, like clothes washers and dryers, refrigerators and window air conditioning units belong to the home owner as personal property.  In effect, they have the right to sell them at any time.  They aren't part of the property. 

But, items that are built in are part of the property.  Things get a little murkier here.  Some sources are saying that BEFORE actual foreclosure proceedings, the home owner has the right to sell them.  Other sources are saying that they are part of the home, and therefore are part of the security of the mortgage and the homeowner can't remove them unless he is replacing them with similar items. 

After the home has been foreclosed, the (now former) home owner definately doesn't have the right to sell attached items. 

Obviously, people that come into a foreclosed home and strip the wiring and copper plumbing out of the walls are breaking the law. 

Good deals or big trouble?

So, if you are looking for a deal on lightly used appliances or fixtures, you need to be careful.  What you don't want to be involved in is buying stolen property.  You could lose both the item you bought AND the money you bought it with.  It is possible that you could even be charged with possession of stolen property. 

Lose-Lose-Lose

This is a losing issue for neighboring home owners.  Removing the fixtures from the home lowers the price it will sell for, depressing values in the neighborhood. 

Obviously it is a loser for the banks and investors that owned the mortgage.  They see a larger loss on the loan than they would see otherwise.  It also likely means that the property is on the market longer. 

It is a loser for buyers.  The reduction in price often doesn't make up for the damage done by the removal of the fixtures.  And since the fixtures generally need to be replaced before the home can be occupied, many buyers are locked out of purchasing the home.  Often, cash is needed up front to rehab the property and stretched buyers can't afford to come out of pocket even more at purchase. 

And actually it is a loser for the home owner.  They may take a bad situation and make it worse.  Not only are they losing their home, but they might also end up facing criminal charges... 

I feel bad for everyone in the situation... except the banks.  As a home owner, I have watched prices pushed down in my own neighborhood.  As a buyer's agent, I have seen people really want a home, but not be able to buy it because the deal couldn't be structured.  In some cases an FHA 203k might be the solution, but not always.  And my heart goes out to the home owners facing foreclosure.  In addition to the tragedy of losing their home, they are usually facing other things like job loss or health issues that are underlying causes. 

But the bank issue is deeper.  I have a hard time mustering pity for an industry that has sucked almost a trillion dollars in taxpayer money to fix problems they haven't seemed to address yet.  HOWEVER, the final effect of increasing the cost of the bad loans is that they will push rates higher and they will make qualifications tighter for lending.  That means that good people with good credit will NOT be able to buy homes.  That means that everyone loses even more!

Be careful out there...

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Comments (14)

Charles Stallions Real Estate Services
Charles Stallions Real Estate Services Inc - Gulf Breeze, FL
Buyers Agent 800-309-3414 Pace and Gulf Breeze,Fl.

I have not seen this this time around, I see most leaving their homes in tact and just walking away. In the past this did happen but just have not seen it this time.

Nov 15, 2009 04:21 AM
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

Lane:  If the home in question has a mortgage on it... which assumes it has a first lien... it does not matter if the fixtures you mentioned are removed before or after foreclosure proceedings have begun.  

Surely my heart goes out to folks who are in the process of losing their homes to foreclosure... but that does not justify trashing a home by removing fixtures in the home... like plumbing, electrical, cabinetry and so forth.  It is just plain wrong, and makes a bad situation very much worse.

Nov 15, 2009 04:27 AM
Susie Blackmon
Ocala, FL
Ocala, Horses, Western Wear, Horse Farms, Marketing

This is a great time for me to try to work on my websites and get something constructive done. Dealing with the Banks right now in many instances is a waste of time and dashes the hopes of the buyers.

Nov 15, 2009 04:28 AM
Susan Brown
Keller Williams NE, Kingwood Texas (Humble & Atascocita too) - Kingwood, TX

Lane, It is indeed a terrible situation and one can certainly empathize with the frustration the homeowner feels but destroying a house by stripping it or beating up the walls (like we've seen in many foreclosures) isn't the solution. 

Nov 15, 2009 04:30 AM
Melinda (Mel) Peterson
Grants Pass, OR - Bend, OR
The Blessed Realtor - ABR, CRS

Lane ~ I watched through my window as my neighbor "stripped" his house, including digging up plants and trees in the yard, the day after the bank changed the locks!  They were "worked" until the wee hours of the morning!

Nov 15, 2009 04:42 AM
Betty Knowles
Southwest Missouri Realty - www.teamknowles.com - Springfield, MO
TeamKnowles REALTORS® - Springfield MO Real Estate

I feel sorry for these people but the fact is they are breaking the law and many are being prosecuted for their actions. 

Nov 15, 2009 04:45 AM
Lane Bailey
Century 21 Results Realty - Suwanee, GA
Realtor & Car Guy

Karen - I think the specific laws vary by state... 

Thanks everyone for your comments. 

Nov 15, 2009 04:51 AM
Stephen Kappre
KW Hometown - Mantua, NJ
Helping You Home

I'd have to say I never thought of this (not that I had the misfortune to go through a foreclosure ...). I sorta gotta give people credit for working hard to sell their stuff. I don't think they should be selling the copper pipes or 2x4's! But ...

Nov 15, 2009 06:25 AM
Tracie Cope
Granville, Newark, Heath, Buckeye Lake & all of Central Ohio - Granville, OH
ReMax 360 - www.LCountyHomes.com

Our team recently sold a foreclosure property that had been completely stripped:  electric panel, countertops, cabinets, sinks, bathtub, toilet, flooring, light fixtures, deck and fence.

 

Nov 15, 2009 07:24 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Lane. It's very common to see foreclosures in my market where everything is gone. The ac, the duct work, the doors, the entire kitchen includong cabinets, toilets, sinks and any thing else that can be removed. And if they can't remove it they destroy it.

Nov 15, 2009 10:41 AM
Bob & Leilani Souza
Souza Realty 916.408.5500 - Roseville, CA
Greater Sacramento Area Homes, Land & Investments

Lane, the "craziest" thing I've heard (but haven't seen personally) was that someone removed a fireplace from a home that was foreclosed on.

Leilani

Nov 15, 2009 05:01 PM
Lane Bailey
Century 21 Results Realty - Suwanee, GA
Realtor & Car Guy

Thank you all for the comments...   I was at one the other day where the outside unit for the AC was gone.  The one next to it had a cage built around it to keep it from being stolen...  Nice, huh?

BB - I have been in ones that were stripped and destroyed... in some cases it seems that revenge is the motive...

Nov 17, 2009 12:49 PM
Anonymous
Don

So in this blog I am hearing pretty much nothing but "Oh, I feel bad for those people that are losing their homes, but they should still obey the laws by not stripping the house."  Here is my opinion.

Our corrupt government has created this result.  People who are hurting will naturally be tempted to go to any means to survive.  Congress sits there and scratch their heads trying to figure out how to stop the huge increase in crime, underground activity, crossing state lines to avoid taxes, etc., etc., etc.  The true law breakers sit in that big house in Washington and go home to their multi-million dollar estates and turn their heat up to 75 degrees.  And some of you actually think you can say to someone who is losing everything through no fault of their own (unemployment, heath, etc.) that they should just be nice and walk away without a fight.  Get real!  Corrupt government just promotes illegal activity.  I say.........strip the damn houses completely and do whatever you can to survive!

I suspect most of those who say "People who are losing their homes should not go to the means of stripping, etc." that you are tucked away in your safe little financial world and look down on the less fortunate.  You may think twice should the tables ever turn on you.

 

Oct 11, 2010 05:37 AM
#13
Lane Bailey
Century 21 Results Realty - Suwanee, GA
Realtor & Car Guy

Don - Sorry, but your comment seems to just be a way to "justify" trying to strike back on the bank for doing EXACTLY what they said they would do if you couldn't pay for the loan you used to buy the property.  And while I won't disagree about the characters that are pulling the strings in DC, getting a loan for a property, and then selling off parts of the property and diverting the money away from the property loan isn't really ethical. 

And let me tell you something, I am sitting here looking at a possible short sale of my own.  I'm not in an ivory tower or speaking from on high.  I'm right down in the thick of it...

Oct 11, 2010 02:02 PM

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