ISSUE:

After the foreclosure the owner removed an expensive leather couch and the dining room table. The owner also removed the drapes and the chandelier, which was a family heirloom. Was the owner of the home after foreclosure entitled to remove these items?

ANSWER:

After the foreclosure, the owner of the home is entitled to remove any personal property, but any fixtures must remain in the home. The expensive leather couch and the dining room table are personal property and can be removed by the owner. The drapes and the chandelier, even though it is a family heirloom, are fixtures and cannot be removed by the buyer. The removal of fixtures after foreclosure could subject the owner of the home to criminal prosecution or a civil lawsuit for damages due to the “waste” of the home.
Arizona REALTOR® January 2010


About the Author

Michelle Lind

K. Michelle Lind, CEO of Arizona REALTORS®, is also an attorney, State Bar of Arizona board certified real estate specialist, and the author of "Arizona Real Estate: A Professional’s Guide to Law and Practice". AAR is the largest professional trade association in the state comprised of more than 45,000 REALTORS® and thousands more affiliate members. Please note that this article is of a general nature and may not be updated or revised for accuracy as statutory or case law changes following the date of first publication. Further, this article reflects only the opinion of the author, is not intended as definitive legal advice and you should not act upon it without seeking independent legal counsel.