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Hi Everyone! Ive been in preservation for 6yrs and have a few quick questions. We typically do conventional work and once we let the bank/client know there are personals over $300 they will let us know when its cleared to remove items. Typically we never see anything of real use or value. We are new to HUD and just want to make sure we do everything to the "T".

So the question is: Say you have a property that has gone all the way to eviction, the officer of the court does the lockout. Once its 24hrs past the lockout time if you go back for removal, what do you do with items that could have some value or use? Just curious if you throw EVERYTHING away always? Are you allowed to keep and use? Donate? Ect.

Thanks for your opinions and insight.
 
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Once that happens, you get rid of everything. What you do with it is your business.
 

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Better keep a good list of what you toss as it will save you a lot of headache when the person who lost their home gets it back because the foreclosure was illegal.:whistling:whistling:whistling:whistling Yes, This is happening.....................
 
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State laws are different. In my state, when I evict a tenant, after the date of restitution set by the court, I can do what I wish with anything left behind. What I do is take it to the dump. If it had value, it wouldn't be there.
 

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thom said:
State laws are different. In my state, when I evict a tenant, after the date of restitution set by the court, I can do what I wish with anything left behind. What I do is take it to the dump. If it had value, it wouldn't be there.
Times are changing. Pay close attention to your work order instructions. Some state and bank laws give the mortgagors up to 60 days. I have some HUD property's that still have personal property in it a year later and it has not conveyed.
 

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thanohano44 said:
Times are changing. Pay close attention to your work order instructions. Some state and bank laws give the mortgagors up to 60 days. I have some HUD property's that still have personal property in it a year later and it has not conveyed.

Good advice! It's also good to note that with all the robo signing stuff going around people ARE getting their homes back and remember, chit rolls downhill. The Nationals have high dollar lawyers that you and i cannot afford so gues who gets to pay???? :whistling


Here's some stuff to chew on:


"Already, mortgage papers are being invalidated by courts, insurers are hesitant to write policies, and judges are blocking banks from foreclosing on homes. The findings by various county registers of deeds have also hindered a settlement between the 50 state attorneys general who are investigating big banks and other mortgage lenders over controversial mortgage practices."

"Because of these bad titles, property owners can't prove they own the properties they think they bought, and banks can't prove they had the right to sell them," says Jeff Thigpen, the registrar of deeds in Guilford County, N.C.

In Guilford County, where Greensboro is located, a sample of 6,100 mortgage documents filed since 2006 turned up 74 percent with questionable signatures. Thigpen says his office received 456 more documents with suspect signatures from Oct. 1 through June 30.[/I]

Poke here for the full article.....
 
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mtmtnman said:
Good advice! It's also good to note that with all the robo signing stuff going around people ARE getting their homes back and remember, chit rolls downhill. The Nationals have high dollar lawyers that you and i cannot afford so gues who gets to pay???? :whistling


Here's some stuff to chew on:


"Already, mortgage papers are being invalidated by courts, insurers are hesitant to write policies, and judges are blocking banks from foreclosing on homes. The findings by various county registers of deeds have also hindered a settlement between the 50 state attorneys general who are investigating big banks and other mortgage lenders over controversial mortgage practices."

"Because of these bad titles, property owners can't prove they own the properties they think they bought, and banks can't prove they had the right to sell them," says Jeff Thigpen, the registrar of deeds in Guilford County, N.C.

In Guilford County, where Greensboro is located, a sample of 6,100 mortgage documents filed since 2006 turned up 74 percent with questionable signatures. Thigpen says his office received 456 more documents with suspect signatures from Oct. 1 through June 30.[/I]

Poke here for the full article.....
Oh, it's a brewing baby..... Me and FremontREO were just discussing this last week. Word thru the grapevine is that the Big Boys of lending are going to put a FREEZE on foreclosures until the figure this **** out. No point in paying the meager sums they do for maintenance and repairs until they know they actually are legally allowed to take possession of and liquidate there depreciating asset.
 
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I heard the same thing a year ago. Not much has happened though. I think eventually it will, its just that anything having to do with government moves slower than molasses in January.
 
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Ok thanks for the insight. Yes I thoroughly document with photos and verbal description and let the bank make the call. Or the court officer comes in looks at everything and then pulls out what they feel has value
 

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As mentioned above, it depends on the state laws you are in. Evictions of tenants and foreclosures of owners are different. always best to document everything (photos, videos, notes, etc) and CYA
 

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scraigc said:
As mentioned above, it depends on the state laws you are in. Evictions of tenants and foreclosures of owners are different. always best to document everything (photos, videos, notes, etc) and CYA

Their has been a few evictions here deemed as illegal after a few years. It's only a matter of time believe me...............
 

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My .02

Alabama is a "non-eviction state" as it is called. Doesn't mean there are no evictions, just means that if there are no persons actually residing in the dwelling, there's no need for an eviction. We are required to report personals, different $$ amount requirement for each client, and then if asked to remove them, we're required to store them for 30 days. (price of storage included with bid to remove)

Now after that 30 days is up, my bid always states "after 30 days, all items will be disposed of at the contractors discretion. By approving this removal, client and (national I work for) agree to hold contractor harmless for any claims that arise from removal of aforementioned personals.

I haven't had to test that clause in the 4 years I've been doing P&P work. Knock on wood I'll never have too.
 
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