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Old 09-08-2010, 11:25 AM
 
255 posts, read 361,138 times
Reputation: 272

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Ever since my failed mediation attempt, I’ve been waiting for the dreaded news of final foreclosure. I finally got notice that my home is going into final foreclosure and will be sold at auction on the 23rd of this month.

Fortunately I have found a new home to rent not far from my original home. Although I would never dream of taking certain items that did not come with the house but were purchased and installed by me (i.e. the fiberglass pool and spa, the pool equipment and the house’s central vacuum system), would it be wrong for me to take the water softener that I purchased and had installed shortly after moving into my home back in 2006?

The house that I will be leasing does not have a water softener installed (I don’t even know if it is plumbed for one), but I would like to have the softener that is currently in my about-to-be-foreclosed home moved and installed in my new rental home. The landlord has given me permission to have my water softener installed, but I would have to cover all costs associated with the installation.

First of all, would it be wrong for me to remove the water softener from my current home prior to the house being sold at auction; and, if not, can anyone recommend a plumber that could handle the move and installation of the water softener?
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Old 09-08-2010, 12:46 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,187,029 times
Reputation: 2661
Water Softeners are solidly grey items in RE terms. If you installed it you are legally fine with taking it with you...Remove it before the foreclosure just to avoid any arguments about whether it passed with the house to the new owner. Make sure you properly restore the plumbing. There is a flex tube gismo that can be used.
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Old 09-08-2010, 04:22 PM
 
2,557 posts, read 4,566,196 times
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You paid for it, you take it.
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Old 09-08-2010, 06:35 PM
 
699 posts, read 2,218,426 times
Reputation: 669
sorry to hear of your loss.

here's to movin on...
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Old 09-09-2010, 02:23 AM
 
Location: Somewhere.
10,481 posts, read 25,275,556 times
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I would take it. And whatever else you added.
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Old 09-09-2010, 09:38 AM
 
Location: Beautiful Upstate NY!
13,814 posts, read 28,486,602 times
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...just do the right thing and leave plumbing in the old house intact.
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Old 09-09-2010, 09:48 AM
 
2,036 posts, read 4,242,871 times
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Some people think copper plumbing, cabinets, toilet paper holders, doors, framing, countertops, HVAC systems and sinks are gray area as well, based on what I have seen.

I think pink flamingos and soft water systems are definitely in the realm of personal property.
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Old 09-09-2010, 03:00 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,187,029 times
Reputation: 2661
Quote:
Originally Posted by Spraynard Kruger View Post
Some people think copper plumbing, cabinets, toilet paper holders, doors, framing, countertops, HVAC systems and sinks are gray area as well, based on what I have seen.

I think pink flamingos and soft water systems are definitely in the realm of personal property.
It is actually not very clear. Historically those things attached to the house and integral to it were considered real estate. So once a screw was used it became RE. There are also some cutomary ones...fire place tools are always real estate.

Some of it is quite clear. Cabinets, plumbing, AC units, sinks are part of the Real Estate.

I am also of the opinion that certain forms of installed equipment are Real Estate..Central Vacs come to mind. And swimming pool equipment.

On such a thing as a water softener I get pragmatic...was it there when the mortgage was written? Then Real Estate. Was not...personal property.

Now if you really want to open a can of worms...how about substitution. If you are losing your house to foreclosure can you substitute a lesser stove than the super five burner you got in there. I would use the same test...was the fancy stove there when the mortgage was written?

Practically you can likely get away with anything that does not structurally damage the house....and maybe even some things that do....

So do the right thing. But it is OK to be reasonable about it.
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Old 09-09-2010, 03:32 PM
 
3,622 posts, read 5,592,181 times
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Quote:
Originally Posted by olecapt View Post
On such a thing as a water softener I get pragmatic...was it there when the mortgage was written? Then Real Estate. Was not...personal property....

Now if you really want to open a can of worms...how about substitution. If you are losing your house to foreclosure can you substitute a lesser stove than the super five burner you got in there. I would use the same test...was the fancy stove there when the mortgage was written?

Practically you can likely get away with anything that does not structurally damage the house....and maybe even some things that do....

So do the right thing. But it is OK to be reasonable about it.
So I can dig up my pool and take it with me? (We put it in one year later after we bought.) I can buy a really nice kiddie pool and the structure of the home will be fine.
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Old 09-09-2010, 04:13 PM
 
Location: Somewhere.
10,481 posts, read 25,275,556 times
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That's a great idea about the appliances. Get some freebie ones off of Freecycle or Pass it on to put in the house and take the good one's with you.
(just an idea to mull over)
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