Do I have a right to remove a storage shed and a swing set from my home after I have been notified of intent to foreclose?

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Do I have a right to remove a storage shed and a swing set from my home after I have been notified of intent to foreclose?

Asked on August 7, 2012 under Real Estate Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This is a gray area.  You can not remove any fixtures (and that would be the shed but not necessarily the swing set; it depends) once title has transferred.  But you still own your home as of now.  Could the lender come after you for destroying property? Not until they own it.  Try going to a mortgage help center and seeing about modification or refinance.  There are many options today.  Even a deed in lieu of foreclosure and have them waive the deficiency or there will be a judgement against you.  Good luck.


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