Hi everyone. We will be walking out of our house shortly in CA. I am selling everything that can be remove and one of the item is the garage door which I paid for about over two years ago. Is there any legal issure with the bank after we walk out?
On the slight chance this isn't a troll, yes, there is an issue. Anything attached to the house is considered a fixture, part of the real property, and belongs to the lien holder. If you added an electric opener, you might be able to take that, but to leave a gaping opening will no doubt piss off the bank, and could make them more likely to remember to totally trash your credit for walking away. If you HAVE to walk away from the house, best to be up-front about it with the bank, keep them informed of the schedule, leave the place clean and lockable, and drop off the keys on the way out of town. Ask them what they want you to do with the utilities- switch them off, or let the bank switch the billing to their in-house or outsourced people that take care of bank-owned properties. If you live where it freezes, and you turn off the heat, and the pipes burst and cause a flood, the bank will not be happy.
Why not ask the bank or your lawyer? Will you be putting back the door that was there when you moved in? Will you also be taking any roof shingles, bathroom tiles, or plumbing fixtures that you might have replaced during your stay in the house?
Folks, I think this is a good example of why trying to make everybody a home "owner" was such a bad idea.
Yes, as best it would be negligence on your part to leave the opening. Could be much worse so consult a lawyer before you take the door. For the few buck you may get, a law suit or even a criminal charge is not worth it.
A garage door is not personal property once it is attached to the house. Some non-permanent fixtures like drapes can be removed with approval of the owner but I'm sure you would be liable if you removed the garage door.
Thanks, everyone for your input. It's not for a few bucks, nor do we care of our credit either. Before we decided to walk out, we tried to talk to the bank, they either are not interested or do they care. They make it impossible to communicate with them. So why should we care now? Don't forget they are making tons of $$$$ and paying off the TARP so their Managers or whatever get huge bonuses and the Obama's administration is full of Wall Streets greedy lobbyists and tax cheaters. Where are the CHANGES?
My legal advice would be to see a professional. [lawyer- not psychiatrist, necessarily]
It could turn out ok if the bank has been as uncooperative as you say. Hopefully you'll get a judge as agreeable as this one on Long Island, NY-
formatting link
He is quoted in his decision; ?since February 24, 2009 (and perhaps earlier) has been and is inequitable, unconscionable, vexatious and opprobrious.?
Sent me to the dictionary- but they are all in there.
You've got a hard row to hoe no matter what you do. don't make it worse and go on advice you get on Usenet. If you can't afford a lawyer find out how to get free *real* legal advice. It is out there.
You say you don't care about your credit, so where are you planning on living after you leave. Your credit rating dictates everything from the cost of your car insurance, acceptance by a landlord for rental or any future mortgages.
THe only thing I see a problem with you taking is the bathroom ceiling and the plenty more. I don't have any of them plenty mores. Were they expensive?
On the other hand, if you have installed the rest of those items then you just screwed the pooch. They'll have to stay along with the plenty mores.
Are those plenty mores available in different colors?
Gordon Shumway
Our Constitution needs to be used less as a shield for the guilty and more as a sword for the victim.
HomeOwnersHub website is not affiliated with any of the manufacturers or service providers discussed here.
All logos and trade names are the property of their respective owners.