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  1. #1
    s2cmpugh is offline Junior Member
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    Property left behind by previous owner

    What is the name of your state (only U.S. law)? Virginia

    Good morning everyone. Let me give you the short version of a long story.

    Purchased a home on March 23. As I'm at the closing table signing documents, a fax comes in stating the house is now a foreclosure so we have to redo the HUD and change some amounts. The seller was told to have his stuff out before closing or by March 23. Well he comes back saying he can't get anyone to help until that Wed. March 25. I give him until Thurs. March 26 9am to have his stuff out (including an abandoned vehicle and a dog). So I show up Thursday afternoon to change the locks and of course most of this crap is still there along with the dog and vehicle.

    My agent calls saying he wants his clothes now saying he can't get in (duh). So I agree to leave his clothes out front in trash bags tied up. I also put some tax documents out there I found as well.

    Well on Friday I go by the house and the clothes have been picked up, BUT a riding mower, power washer, tools from inside an attache shed have all been removed WITH OUT permission. I call the police, tell them the story and the officer advises he had plenty of time to get his stuff out and it is mine. He went to the sellers new address and told him he's not allowed on property anymore or he will be charged with trespassing.

    SOOO...yesterday I receive a warrant in detinue from the seller for clothes, computers, a vehicle (the one with expired tags) and tools. Is he allowed to do this and does he have ANY claim to this stuff AFTER closing??

    Thanks,
    Cris P.
  2. #2
    HomeGuru is offline Senior Member
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    Quote Originally Posted by s2cmpugh View Post
    What is the name of your state (only U.S. law)? Virginia

    Good morning everyone. Let me give you the short version of a long story.

    Purchased a home on March 23. As I'm at the closing table signing documents, a fax comes in stating the house is now a foreclosure so we have to redo the HUD and change some amounts. The seller was told to have his stuff out before closing or by March 23. Well he comes back saying he can't get anyone to help until that Wed. March 25. I give him until Thurs. March 26 9am to have his stuff out (including an abandoned vehicle and a dog). So I show up Thursday afternoon to change the locks and of course most of this crap is still there along with the dog and vehicle.

    My agent calls saying he wants his clothes now saying he can't get in (duh). So I agree to leave his clothes out front in trash bags tied up. I also put some tax documents out there I found as well.

    Well on Friday I go by the house and the clothes have been picked up, BUT a riding mower, power washer, tools from inside an attache shed have all been removed WITH OUT permission. I call the police, tell them the story and the officer advises he had plenty of time to get his stuff out and it is mine. He went to the sellers new address and told him he's not allowed on property anymore or he will be charged with trespassing.

    SOOO...yesterday I receive a warrant in detinue from the seller for clothes, computers, a vehicle (the one with expired tags) and tools. Is he allowed to do this and does he have ANY claim to this stuff AFTER closing??

    Thanks,
    Cris P.
    **A: yes he has claim to the stuff after closing unless the foreclosure sale took place.
  3. #3
    FlyingRon is offline Senior Member
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    Neither the foreclosure nor your purchase covers personal effects. If the items are not fixtures, he should be able to remove them. You can't just usurp ownership because he is slow. It's clear from his statements he wasn't intending to abandon things.
  4. #4
    s2cmpugh is offline Junior Member
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    So even though I gave him 4 days after closing to remove his things and he did NOT, he still has a claim?

    Don't forget...he's suiing for clothes he got back, tools he took back without permission to be on the property, a van that still sitting and 2 computers.
  5. #5
    HomeGuru is offline Senior Member
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    Quote Originally Posted by s2cmpugh View Post
    So even though I gave him 4 days after closing to remove his things and he did NOT, he still has a claim?

    Don't forget...he's suiing for clothes he got back, tools he took back without permission to be on the property, a van that still sitting and 2 computers.
    **A: you did not follow the abandoned property laws.
  6. #6
    HomeGuru is offline Senior Member
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    Quote Originally Posted by FlyingRon View Post
    Neither the foreclosure nor your purchase covers personal effects. If the items are not fixtures, he should be able to remove them. You can't just usurp ownership because he is slow. It's clear from his statements he wasn't intending to abandon things.
    **A: if the foreclosure sale took place, the court order may adjudicate that all property, real and personal be transferred to the Buyer and that former property owner is barred from any claims.
  7. #7
    s2cmpugh is offline Junior Member
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    Quote Originally Posted by HomeGuru View Post
    **A: if the foreclosure sale took place, the court order may adjudicate that all property, real and personal be transferred to the Buyer and that former property owner is barred from any claims.

    As I'm signing the paperwork at closing a fax comes in changing the payoff amount to his 1st lien holder saying the property is a foreclosure.

    Everyone I've talked too, including a few real estate agents say this guy has no claim.
  8. #8
    HomeGuru is offline Senior Member
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    Quote Originally Posted by s2cmpugh View Post
    As I'm signing the paperwork at closing a fax comes in changing the payoff amount to his 1st lien holder saying the property is a foreclosure.

    Everyone I've talked too, including a few real estate agents say this guy has no claim.
    **A: so did the everyone you talked to including the few real estate agents tell you about abandoned property laws?
  9. #9
    s2cmpugh is offline Junior Member
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    Quote Originally Posted by HomeGuru View Post
    **A: so did the everyone you talked to including the few real estate agents tell you about abandoned property laws?
    Of course not. How does this guy sue me for belongings he picked up already? He got his clothes, he took his tools, the van is STILL sitting in MY driveway with expired tags. What is the basis for his claim?
  10. #10
    FlyingRon is offline Senior Member
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    Quote Originally Posted by HomeGuru View Post
    **A: if the foreclosure sale took place, the court order may adjudicate that all property, real and personal be transferred to the Buyer and that former property owner is barred from any claims.
    A judicial foreclosures aren't that common, but once foreclosed (by either right of sale or judicial action) your contract with the original owner means squat. You're fortunate that the foreclosure purchaser (almost certainly the bank) is willing to follow through with you.

    For right of sale and for foreclosures for just defaulting on the loan I've never heard of personal possessions being attached in the Commonwealth. The rights are to the real property only. Further pursuit of the deficiency has to wait until after the sale.

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