My house is in foreclosure, the lenders sent a realtor today to look around. Was told earlier in the week if I move by the end of the month I will get $3,000. However, today the realtor told me the oven and dishwasher has to stay, including the shears of the curtains because it comes with the house. I purchased all these items when I bought the house 20+ years ago, they belong to me. Do I have an argument? Are these fixtures or personal property? She is coming back tomorrow to pick up agreement saying I will move out by end of the month for $3,000, nothing in there says anything about those items. Thinking of telling her to shove it, or give me $500 more for each item they want to keep. Help!

Generally, these items can be personal property or they can be fixtures. Without trying to give legal advice, I suggest you look up how the state laws apply in your state.

But come on, these appliances are 20 years old. Their value is probably about $25 each.

These items are actually a few years old, I dumped the old ones and bought a new oven, dishwasher, fridge, washer/dryer, etc. I live in California. What would be considered a built in therefore fixtures, and what is personal property.

By in foreclosure, do you mean there has already been a trustee's sale? I'm curious as to why you didn't try to do short sale before letting it go. If there has not been a trustee's sale yet, you have options, and we need to talk.

As for the appliances, which would you rather have, the appliances or the $3000? Dishwashers and ovens are usually considered fixtures as they are attached to the home, but you might be able to take them depending on the agreement. Everything is negotiable.

Based on the CFK offer, we must assume that the foreclosure sale has occurred and the CFK is to avoid a costly eviction process. The test for personal property versus fixture usually involves the method of attachment, whether removal will cause addtional damage and a few other things.
I've seen all appliances removed and all appliances left. Heck I had one where they even removed all of the kitchen cabinets during the eviction process, including a center island.

As a rule of thumb, it's usually more important to service the mortgage than to get new appliances.

I once had a foreclosure where the Owners felt the need for some new things and had gone to Sears and bought a new Furnace, a Water Pump/Softener, Hot Water Heater, Dehumidifier, Fridge, and a Jenn-Aire Range, all for $13,000 on a Revolving Credit Account.

Then Sears was negligent and failed to put a lien on the property, so after the foreclosure, they sent some people out to collect the collateral . . . . but they were too late. All of these items were attached and went with the sale of the property. Sears probably learned a lesson on that one.

And years later, the former Owners were still getting hit for payments on the appliances that they no longer owned . . . . no one was happy except the new Owners. They got some quality stuff.

I do not see this as what is personal property vs what is a fixture. The bank has the agreement written up on its terms. If you want the $3000 then the stuff in the agreement stays. You have to decide if you want to sign the agreement, or if these things are so important to you, renegotiate it. I can tell you, if you drag this out, the entire CFK agreement will just disappear and go to eviction, as I have seen this happen in my CFK agreement situations several times. There is always a time line, and the bank will not keep this agreement on the table forever. If you are dead set on keeping the stuff, ask the agent to contact the bank and present your terms. Make sure you do not let too much time tick by, that CFK has to be signed by a certain deadline. If it comes down to the deadline, and you have not heard back from the bank, it may be withdrawn.

You are going about this the wrong way.

Cash for keys offers vary by state.Some states are very in favor of the tenant including holdover tenants (former owners foreclosed on).

California is very pro-tenant in your favor. The eviction process and time line can be long there to get you out.

I have heard from other brokers in that area of cash for keys of over 10,000.You never take the first offer as it is usually not the last by the listing broker/agent who is instructed by the bank asset manager on what to offer.

Another thing not mentioned is before they will pay you the money the place will have to be in broom swept condition after you have left to get the check.

If you have been living there for a long time you will have amassed a lot of junk you don't need or that is just trash.Especially if you are downsizing.To remove this trash with trash bins and hauled off can get very expensive.

It might be better for you to reject the offer and hold out for a higher amount.If they won't pay a higher amount then you need to know how long it would take them to evict you in CALI.

1,2,3,4,5,6 months?? If you would pay to the place you are moving to say 2,000 a month and you stay for 6 months free with the bank property you saved 12,000 plus you can take your appliances with you when you move and leave all the junk and trash behind for the bank to clean up.

It's a dirty little secret the banks don't want you to know.You might want to discuss with a local attorney who is versed in eviction and foreclosure law for a few hundred bucks to look at options.

no legal advice

[quote=super realtor]You are going about this the wrong way.

Cash for keys offers vary by state.Some states are very in favor of the tenant including holdover tenants (former owners foreclosed on).

California is very pro-tenant in your favor. The eviction process and time line can be long there to get you out.

I have heard from other brokers in that area of cash for keys of over 10,000.You never take the first offer as it is usually not the last by the listing broker/agent who is instructed by the bank asset manager on what to offer.

Another thing not mentioned is before they will pay you the money the place will have to be in broom swept condition after you have left to get the check.

If you have been living there for a long time you will have amassed a lot of junk you don't need or that is just trash.Especially if you are downsizing.To remove this trash with trash bins and hauled off can get very expensive.

It might be better for you to reject the offer and hold out for a higher amount.If they won't pay a higher amount then you need to know how long it would take them to evict you in CALI.

1,2,3,4,5,6 months?? If you would pay to the place you are moving to say 2,000 a month and you stay for 6 months free with the bank property you saved 12,000 plus you can take your appliances with you when you move and leave all the junk and trash behind for the bank to clean up.

It's a dirty little secret the banks don't want you to know.You might want to discuss with a local attorney who is versed in eviction and foreclosure law for a few hundred bucks to look at options.

no legal advice [/quote]
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And sometimes people actually have a moral code where they don't try to screw other people over, and they abide by any agreements, and if they can't afford to pay as agreed for a mortgage, they clean the place and move out rather than do as above.

I'm appalled that someone would actually suggest that someone try to screw over someone else on a public forum.

To the OP. The agreement for CFK was that the curtains/appliances stay. Abide by the agreement, or don't take the CFK and take the items with you.

I'm gonna have to side with Super on this one.