Trash Out's - Page 2 - REO Property Preservation Forum
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post #11 of 16 (permalink) Old 04-05-2019, 01:23 AM
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All i know is i bid to do trash outs, personal/and reg. Debri removals dosent matter, the if i have an approval and a work order stating to take it and remove it from the property its over with does not matter where it goes get a landfill receipt take your own dam trash there and get 1 receipt and forever scan and fix the dates on it everytime you complete a cleanout, if they require a paper trail for completion of the job make them and give them 1 its simple as long as your approved and it is removed from the entire property it dosent matter where it goes.
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post #12 of 16 (permalink) Old 11-14-2019, 06:44 PM
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Stumbled on this conversation and I have to agree with WILDWEST1 the debris is never yours. An approval is a contract to remove and dispose of the debris. It is spelled out in all the nationals contracts. This is why they all ask the question on the PRC's about GARAGE SALE VALUE. Carefully read your contract and CYA.
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post #13 of 16 (permalink) Old 11-14-2019, 07:34 PM
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Wow. If I am removing debris that is for me to dispose of, I dispose of it in the most ecologically sound and fiscally responsible way. No one I have ever worked for has asked for more than dump receipts. If it is trash I am removing, and that trash contains valuables, I keep the valuables. Or donate them. Or recycle them.

Whoever told you to go through the trash and abandoned property to determine what was personal property? Then what? Do you try to contact the former resident? What if they are dead? Then what? Do I contact Altisource and say I found a Rolex and I cant get a hold of the family that once lived here and may have owned it?

Sorry. A trash out is a trash out. Keep what you want AFTER a trash out has been issued. If you are removing personal property before a trash out has been issued then that is theft. If it has been determined by the bank owner that the property left on site has been abandoned so be it. That is not your responsibility! Your responsibility is to practice due diligence and follow the guidelines set out by the company issuing the trash out work order. Communicate that there are personals on site. Ask if a personal property notice should be posted. Then get to work!
Best of luck to all!
MJ

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post #14 of 16 (permalink) Old 11-15-2019, 10:04 AM
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Stumbled on this conversation and I have to agree with WILDWEST1 the debris is never yours.
Not true.


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An approval is a contract to remove and dispose of the debris. It is spelled out in all the nationals contracts.
Amongst other definitions, I read the following in the dictionary:

"de' spoz - verb = To give or transfer to someone else, especially permanently: She disposed of her estate among her heirs"


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This is why they all ask the question on the PRC's about GARAGE SALE VALUE.
Value estimation policies employed by service companies are used to help them make a determination between garbage and personal property; typically required at "pre-sale" properties as no one except the previous occupant has a right to remove anything other than garbage/hazards at that point. My home state has a 'Zero Right of Redemption' law. That means that ownership of everything left at a foreclosed property by the previous occupant is forfeited and becomes the sole property of the new owner immediately following the Sheriff's sale. The new owner (typically the Bank) has the right to do whatever they wish with those items at that point. Some states have 'Right of Redemption' laws requiring the new owner to attempt to locate the previous owner for a specified period of time before disposing of the property.

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Carefully read your contract and CYA.
Absolutely! And do your due diligence by knowing and understanding the specific laws that apply in each state you're working in.

Iíve already told you more than I know.
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post #15 of 16 (permalink) Old 11-16-2019, 01:36 PM
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Everything you stated is correct except you are not the owner. At the point of foreclosure the bank becomes the owner. You are hired to remove and dispose of the items regardless of condition. You or your company would ONLY become the owner if the the bank assigns you the right as owner. Then you are free to do as you wish. They do not do this. The contract you sign does not even imply that you own anything you remove. You are a carting service you are hired to remove debris from the structure and take it to a dump plain and simple.

What you do in your business is completely up to you but you should always know the laws. The last thing you want to do is lose your business because of a couple bucks from a trash out item.

If you have questions ask the nationals you are contracted by. Alway beware of any one who uses the term Absolutely in their argument because their advice is commonly Absolutely incorrect.
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post #16 of 16 (permalink) Old 11-19-2019, 04:51 PM
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Everything you stated is correct. . .
Thank you.
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Alway beware of any one who uses the term Absolutely in their argument because their advice is commonly Absolutely incorrect.
Absolutely!
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