Property Left Behind

What is the name of your state?Indiana
My husband and i purchased a home that was very close to being put on a sheriffs sale. The owners were about to file bankruptcy but then we made an offer on the house and it was accepted. Because the previous owners had already started their paperwork for bankruptcy, we had to wait almost 2 mths before we could close (because a judge had to sign papers stopping the bankruptcy). The previous owners had already rented a new home when we made the offer on our house. They had seven weeks to remove their belongings and waited until the night before to move things (they were still removing things 5 min before closing). Sitting outside is a storage shed that originally the previous owners had said was not part of the sale, but they did not remove it before closing. After closing, they said they would have a towing company remove the building in two days. They never came. Almost 2 weeks later a towing service came to remove the building and we would not allow it. We had just sent the previous owner a certified letter stating that because they did not contact us and because of defects that were listed on the disclosure statment as non-defective but really were, we were not allowing the removal of the building. Now they are taking us to small claims court. I had called an attorney prior to sending the certified letter, and was informed that the property left after closing was our possession. Is this true? Pls advise

[HomeGuru]

Originally Posted by firsttimer

What is the name of your state?Indiana
My husband and i purchased a home that was very close to being put on a sheriffs sale. The owners were about to file bankruptcy but then we made an offer on the house and it was accepted. Because the previous owners had already started their paperwork for bankruptcy, we had to wait almost 2 mths before we could close (because a judge had to sign papers stopping the bankruptcy).

**A: this does not make any sense. If one sentence you state that the owners were sbout to file BK, then in another you state a judge had to sign papers stopping the BK. It appears that the owners did file BK and that the 2 month wait was for the motion for relief of automatic stay to be granted.
*********

The previous owners had already rented a new home when we made the offer on our house. They had seven weeks to remove their belongings and waited until the night before to move things (they were still removing things 5 min before closing). Sitting outside is a storage shed that originally the previous owners had said was not part of the sale, but they did not remove it before closing. After closing, they said they would have a towing company remove the building in two days. They never came. Almost 2 weeks later a towing service came to remove the building and we would not allow it. We had just sent the previous owner a certified letter stating that because they did not contact us and because of defects that were listed on the disclosure statment as non-defective but really were, we were not allowing the removal of the building. Now they are taking us to small claims court. I had called an attorney prior to sending the certified letter, and was informed that the property left after closing was our possession. Is this true? Pls advise

**A: it would depend on the circumstances. And at this point we do not have all the facts.