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  Topic Review (Newest First)
11-19-2019 04:51 PM
PropPresPro
Quote:
Originally Posted by maz19 View Post
Everything you stated is correct. . .
Thank you.
Quote:
Originally Posted by maz19 View Post
Alway beware of any one who uses the term Absolutely in their argument because their advice is commonly Absolutely incorrect.
Absolutely!
11-16-2019 01:36 PM
maz19 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.
11-15-2019 10:04 AM
PropPresPro
Quote:
Originally Posted by maz19 View Post
Stumbled on this conversation and I have to agree with WILDWEST1 the debris is never yours.
Not true.


Quote:
Originally Posted by maz19 View Post
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"


Quote:
Originally Posted by maz19 View Post
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.

Quote:
Originally Posted by maz19 View Post
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.
11-14-2019 07:34 PM
Maryjanebehave 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
11-14-2019 06:44 PM
maz19 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.
04-05-2019 01:23 AM
mountaineer 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.
04-02-2019 08:09 AM
wildwest1 Mountaineer your right, its common sense..The big question debate what is personal property and what is debris. All I am saying is cya. Ask first know the rules. Keep quite if you found something good, broadcasting your gold find may bite you in the a. At one of the nationals I worked for if found anything of value any personal item with what they called yard sale value you are required to report.
04-01-2019 09:46 PM
mountaineer Dont let people mislead you exercise coming sense if you have an approval to remove debri its yours no one even has to know what your doing with it take all the trash items to the dump get receipts submit them if you have to to prove you teashed enough to get paid and do what ever you want with what you want to thats the beauty of the business your in control
04-01-2019 09:37 PM
mountaineer Well im here to tell you, you have sadly been misled and i guarantee you that you can keep sell or trash anything your approved to remove, if someone got into any trouble for taking or selling items etc. From an approved clean out than that means is wasnt approved and yes they basically stole the peoples personal belongings
04-01-2019 02:04 PM
JBridger I usually dump what I can at a donation thrift store but I have found some good stuff that I did end up keeping to sell. I found old native american turquoise jewelry, a shoe box full of old 1960's Mickey Mantle baseball cards, baggie of jewels (small diamonds and rubies which the ex-wife stole during our divorce) and a few decent wedding rings. @wildwest1 I worked as a sub for a preservation company that once told me that I had to give them all my scrap money if I took a load of debris to scrap. I just told them I took it to the dump. They weren't there and they didn't do the work so they are not entitled to scrap money. As far as I am concerned, if a client approves the removal of debris, they are basically giving me the rights to it unless they ask me to store it for 30 days. I even tow cars to my lot and impound them and apply for abandoned vehicle titles after 60 days so I can sell them. Made some decent money that way.
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