The foreclosure sale is scheduled for June 10. On June 6, an investor interested in buying the home at the foreclosure sale makes a visit
to the home. During this visit the homeowner tells the investor that he will be removing all of the upgrades tha
t he installed in the home such as ceiling fans and screen doors. Does the homeowner have the right to remove the upgrades such as ceiling fans and screen doors?
Answer: No. The removal of fixtures without the consent of the mortgage lender before the foreclosure sale is a crime (A.R.S. §13-2204). After the home is sold, the removal of the fixtures
by the former homeowner is criminal theft of the fixtures now owned by the new owner. See A.R.S. §13-1802.
NOTE: It is absolutely crucial you are working with a Realtor that knows the local laws and regs, or you will be in big trouble! As I have always said, real estate is much more about the training and education you should be receiving from your agent than anything else.
If you have any specific scenarios or questions, please email me the questions and perhaps it will be featured in next week’s blog! If you need assistance buying or selling your property in Maricopa or Pinal counties, please contact me today and find out how you can save big $$$ on your tax return next year if you list with Mark Hardy today!
