Who has rights to the personal property within a foreclosed property?

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Who has rights to the personal property within a foreclosed property?

The commercial property was sold by the sheriff in a foreclosure sale. A sheriff deed was delivered to the new owner and the property is owned by the new owner. The previous owner left the building full of property, however is still in the area. The owner of the building would like to clean building out, however is unsure if he is responsible for the personal property and can dispose of it.

Asked on July 9, 2012 under Real Estate Law, Nebraska

Answers:

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

Answered 9 years ago | Contributor

I would have him tread lightly here.  Personal property left in a foreclosure action is not automatically considered to be abandoned property for removal by the new owner.  It would be in his best interest to inventory and store the property and to look up the law on abandoned property in your area.  Contact the former owner and ask him or her to clean out the property too.  Good luck.


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