Can I take kitchen cabinets from my home before the foreclosure auction date without causing legal problems for myself later?

Asked about 4 years ago - Maryland

I have included our home in bankruptcy which has been discharged. We need the kitchen cabinets because the home we are moving to does not have kitchen cabinets because it was also a foreclosure and the precious owner took them out.

Attorney answers (2)

  1. Thomas C Valkenet

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Take a look at the deed of trust that was foreclosed, and the advertisement of the foreclosure sale. They likely will state if "fixtures" were secured, and subject to the sale.

    Just becasue someone else did it, doesn't mean you should, or that you would get away with it, if it is the wrong choice.

    Chat with your lawyer.

  2. Nathaniel C Fick Jr

    Contributor Level 14

    Answered . You better consult with your bankruptcy counsel. Cabinetry is most often regarded as among the "fixtures," and your removing them now may result in a criminal charge against you by the bank or whomever owns the "equitable interest" in the real estate (which included the house and all fixtures, all improvements ... right down to the bushes). Caution! You do not want to make things worse.

    Consult with an attorney, and most likely your bankruptcy attorney.

    Good luck with your new home.

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