Personal Property left after eviction - REO Property Preservation Forum
 
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post #1 of 9 (permalink) Old 09-10-2014, 04:19 PM Thread Starter
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Personal Property left after eviction

I have been in this business for a few years now and have never come across this situation. Today I went to bid on a trashout of a house and found a car in the garage. What is the legal way to handle the removal? Does the bank get the car or even want the car? Does the broker/realtor for the property take possession since she is working for the bank? Any suggestions would be greatly appreciated. The house has gone through a formal eviction already and from what we were told there were 2 people living in the house, one of which died. So it is unknown if the car belonged to the deceased or was abandoned by the other member of the household.
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post #2 of 9 (permalink) Old 09-10-2014, 04:27 PM
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30 day hold

I would tell the broker to do a 30 day hold, for personals, and then nothing changes bring it to your shopholdit for another 30 days.. if no one come forward i just sell them for parts or scrap. .nothing else you can do for it. but if the 30-28 days eviction is over its yours.
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post #3 of 9 (permalink) Old 09-10-2014, 06:32 PM
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Check your state laws.

In Michigan, any car or titled property cannot be removed and stored by anyone but a registered custodian - there is a process that is spelled out in the law here.

Just quickly glancing at Florida law - you have to notify the police; let them know you want it; pay for removal, storage and all advertising associated with the law; then, hope they don't decide to keep it themselves.

Looks like Florida stores the car 90 days and possibly two more weeks for minor legal bs.

Better be a nice car.
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post #4 of 9 (permalink) Old 09-10-2014, 07:23 PM Thread Starter
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Good to know!

Thank you guys for steering me in the right direction. Since this post I did contact someone who also advised to contact the police to make this legal and follow the Florida law protocols. It IS a nice car. I dont know the exact year, but it looks like it is probably no older than a 2000 model Toyota Scion iQ series without a scratch, very clean interior and high tech. I am going to take your advice Framer and see what happens.
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post #5 of 9 (permalink) Old 09-10-2014, 10:47 PM
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LOL... Most nice cars have a loan on them. Here you can't charge a lein holder any fee for the towing, storage or any of the other paperwork.

Best to let the tow company take and remove the problem
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post #6 of 9 (permalink) Old 09-11-2014, 04:43 AM
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Had one today along the Illinois side. Occupants had moved on to South Carolina. Eviction was completed in 2012. Contacted the local towing company, filled out some paperwork and up on the rollback it went and down the road.
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post #7 of 9 (permalink) Old 09-11-2014, 09:35 AM Thread Starter
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Too late

Went back to the property this morning to try to get info on the car for the police and the realtor was there. I noticed the hood was up on the car which was not the case yesterday. He (realtor) said he called the towing company to come get the car as there was a lein on it. After he left I realized the realtor had stolen the battery from the car and that is why the hood was up. Somehow I am not the least bit surprised.
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post #8 of 9 (permalink) Old 09-11-2014, 12:02 PM
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Every State is different here we just take the care and do whatever we want with it. I have even obtained a title and sold or driven them.

My personal procedure is I call the police they come do a VIN trace then I have it hauled to the yard and store it for 30 days before I go to the courthouse. Then I begin proceedings to obtain title. It sits during that time as well so the previous owner has had plenty of time to reclaim it if they were going to.

If it is a POS I just call a local scrap yard and they come hand me $300.00 cash then haul it away.
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post #9 of 9 (permalink) Old 09-12-2014, 01:10 PM
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Quote:
Originally Posted by Framer1901 View Post
Check your state laws.

In Michigan, any car or titled property cannot be removed and stored by anyone but a registered custodian - there is a process that is spelled out in the law here.

Just quickly glancing at Florida law - you have to notify the police; let them know you want it; pay for removal, storage and all advertising associated with the law; then, hope they don't decide to keep it themselves.

Looks like Florida stores the car 90 days and possibly two more weeks for minor legal bs.

Better be a nice car.
SPOT ON HAve a LICENSED tow outfit come and get it, ONCE you have approval from realtor ( KEEP ALL coorespondence from them) . Tow outfits here have to notify last registered owner of impound. Then it is off your shoulders. I HAVE NEVER impounded or stored personals at my residence or elsewhere. I have been requested to do so by a national and half way through moving them ownershows up. We take them to the storage facility and the storage owner looks at me and asks do you want them to take over the contract or do you want to collect a check from them ? DUH they just lost their house ( and I another property of his 2 months previous that had his business card on, he was a IRS TAX attorney) What do you think ?? They took over the contract and I was free and clear.
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