I got a call last week from a woman who is being foreclosed upon and there isn't anything she can do about it at this point. She was looking for a Realtor because she had a question that she couldn't find an answer for on the internet but she did find my phone number.
She wanted to know if she had to leave her appliances behind when she left her home. She told me that they are fairly new and that she would like to keep them.
In Minnesota the law says that appliances are personal property unless they are built in, if they are built in they run with the property, which means they are part of it and not considered to be personal property. In most cases when a home is sold the appliances are included but some people do take them with and they can. She can take the appliances that are not built in and could probably get by with taking those that are unless she damages the house in the process.
The bank has never seen the home and they never will. There is no law that says it has to have appliances in it in the first place and the bank does not know or care if they are any there now. Banks will not allow appliances to be mentioned on purchase agreements becasue they are personal property not real estate and the mortgage is for the real estate.
There are some gray areas on what is built in and what is not. It is wrong to trash a house or to deliberately damage it on the way out. Mortgage agreements always have a clause in there that says the buyers must maintain the home and take care of it, yet sometimes people trash homes before they move out and the bank takes possession.
I told her that if I were her I would take the appliances. They are her personal property and if they are new and she has a way of selling them I am sure she could use the money or maybe she will need them in her next home.
**Keep in mind that real estate is local, the rules and laws maybe different in your state**