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Can you gut your home before facing foreclosure?

Rancho Cordova, CA |

If my home is being foreclosed in California and it is still under my name am I able to take the property inside (cabinetry, fixtures, stove, etc)? The builder we purchased from said it was mandatory to pay for all upgrades before the loan so we paid cash for these items and they totaled more than $80,000 cash. Since we paid for the items and installation technically these items belong to us, correct? Do I have the legal right to take them?

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Attorney answers 1


Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

All "fixtures" are a part of the real estate. The mortgage creates a lien on your real estate, and removing fixtures would likely be wrongful conduct. You should consult your own attorney to advise you on your specific facts.

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